Seven Explanations On Why Federal Employers Is Important Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured on the job, they face unique legal issues. Railroad employees, unlike most workers' compensation laws, have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.

To prevail in a FELA claim, railroad workers must prove two things. First the injury must be proven to be the result of the negligence of their employer.

FELA Vs. Workers' Compensation

While workers' compensation and FELA both are designed to compensate workers for injuries or illnesses that result from their work however, the two laws differ in a number of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of private and public jobs. FELA and workers' compensation are also different in the way they determine fault and how damages are determined and where cases are handled.

FELA was passed because the danger of injury for railroad workers is extremely high. Congress passed the law to protect the families of workers in the event that they are injured while on the job. In order to be compensated under FELA the worker must prove their employer has violated the federal law or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' comp. In contrast to a workers' compensation claim, which is typically limited to a certain amount based on the severity of injuries and other injuries, a FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.

Another distinction between FELA and workers' compensation is that to receive compensation under FELA workers must prove that the company was at least partially responsible for their injury. If the injury suffered by a worker is determined to be the fault of the company, their damages could be reduced. For instance when an employee was directed to do something that was not in line with company policy and were hurt due to the incident the company could be held 50 percent accountable for their injuries.

Workers' compensation cases require a shorter timeline to submit a claim. In a FELA claim, the statute is three years from the time the injury occurred, but in a workers' comp case, it is one year. It is therefore crucial to consult a FELA lawyer who has experience as soon as you can following your injury.

FELA Vs. State Law

If a railroad employee gets injured while at work and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. Unlike workers' comp statutes which offer benefits regardless of fault, FELA is a statute of liability. Consequently an effective FELA claim requires evidence that railroad negligence was at play and that negligence contributed to the injury of the worker.

The FELA legislation, which was passed in 1908, was designed to compensate railroad workers who have suffered injuries due to the nature of their work. Prior to the passage of this law, injury and death rates among railroad employees were very high. This led to the need to offer railroad workers a comprehensive coverage, which exceeds workers' compensation law.

In general it is the case that a FELA claim is filed in federal court due to the fact that the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.


Similar to workers' compensation, a FELA claim provides the injured worker with lost wages and medical expenses as well as pain and suffering damages. These damages are based on the fact that a railroad was responsible for the death or injury because of its negligence or a violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA plaintiff must prove that the injury or death was caused in total or in part due to such negligence.

FELA cases have helped improve tort law by creating precedent for issues such as emotional distress on the railroad, damages distribution and working conditions requirements. Particularly, FELA claims have brought national attention to the employer's non-delegable obligation to ensure that its workers are provided with a safe workplace. This includes off-site places like hotels that are private, where railroad employees can stay when traveling for business. The right railroad attorney can assist an injured railroad worker receive the full benefits to which he or she is entitled under FELA.

FELA in opposition to. State Workers' Compensation Laws

If an employee is injured while working, he or she can apply for workers' compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, including medical coverage, cash payouts and loss of future earnings, they differ in important ways.

Contrary to workers' compensation which allows employees to file without proving their employer was to blame, FELA requires the injured railroad employee to prove that their employer violated the federal safety laws which caused their injuries. This includes laws like the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it more difficult to win a FELA claim than workers' compensation claims, because evidence of negligence is required.

In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and have their case determined by a group of their peers rather than the authority in charge of administrative matters that manage workers compensation claims. FELA does not restrict the amount of damages an injured worker could receive, while workers' compensation claims do.

The distinction between the two statutes is crucial to know, particularly for railroad employees who are not covered by state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you love has been injured as an employee of a railroad, it is important that you speak with a knowledgeable FELA lawyers.

To find out more about the distinctions between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We're here to help you get the most benefits from FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. fela attorneys offer free consultations and are available by phone or person to discuss your case. Our attorneys are on a contingent basis, which means that you won't be charged unless we succeed.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers in injuries claims. Unlike workers' compensation, which provides the same amount of benefits regardless of who is at fault for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, and suffering and pain. In contrast, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability, which often is not enough to cover the true costs of a worker.

The FELA law applies to railroads that operate in international or interstate commerce, and allows injured employees and their families to bring a lawsuit against their employer for damages resulting from the company's negligence. This LibGuide is a good starting point to begin your research. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide is intended to serve as a study supplement for Villanova law students. The information contained in this guide should not be taken as legal advice. If you require further assistance you should consult an attorney.

Many workers do not realize that FELA is a unique piece of legislation that provides specific protections to railroad employees. Although many believe that FELA and state laws on workers' compensation are the same however, they are quite different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims in order that they receive the most effective representation. In the case of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages available for their claim. This will enable the injured worker to get the maximum amount of compensation under FELA. If you are a railroad employee who has been hurt while on the job, call an Designated Legal Counsel (DLC) firm for advice.