A Peek At Federal Employers's Secrets Of Federal Employers Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries on the job, they face unique legal issues. Contrary to the majority of workers' compensation laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).

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

FELA vs. Workers' Compensation

Workers' compensation and FELA are both designed to provide compensation to employees who are afflicted by work-related illnesses or injuries. However they differ in few ways. Specifically, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a variety of private and public sector jobs. FELA differs from workers compensation in that it is determined by the person who caused the accident, and how much damages are awarded and how and where the cases are decided.

The risk of being injured is a high risk for workers on railroads This is the reason FELA was enacted in 1908. Congress passed this law to safeguard workers as well as their families and themselves in the event of injury on the job. In order to be compensated under FELA the worker must show their employer violated a federal law or regulation relating to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' compensation. Unlike workers' compensation claims that are typically restricted based on the injury sustained, FELA is able to seek compensation for noneconomic damages like emotional stress or loss of enjoyment of living.

Another difference between FELA and workers' compensation is that to get compensation under FELA the worker must prove that the employer was at least partially responsible for their injuries. If the injury suffered by a worker is found to be attributable to them their damages can be reduced. If a worker is injured because they were instructed to violate company policy and the company was found to be 50% responsible for the incident, then the company could be held at 50% accountable.

Workers' compensation is a faster timeline for filing an claim than the FELA case. In a FELA case the statute of limitation is three years from the date of your injury while in a workers' compensation claim, the statute of limitations is one year. This is the reason it is essential to speak with an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

If a worker on the railroad is injured on the job the worker can file a claim under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Thus, a successful FELA claim requires proof that the railroad was negligent and that such negligence contributed to the injury of the worker.


The FELA was passed in 1908 and was intended to compensate railroad workers injured for injuries resulting from the nature of their work. Prior to the enactment of this law, injury and death rates among railroad employees were extremely high. This sparked the need to offer railroad workers a complete coverage, which is higher than workers' compensation laws.

A FELA lawsuit must be filed in federal court because the FELA was enacted by Congress. However, fela accident attorney are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX was an employee of a railroad that his employer was liable under the FELA.

FELA claims are similar to claims for workers compensation claims in that they cover the loss of wages, medical expenses and pain and suffering damages. These damages are based on the notion that a railroad is responsible for the death or injury because of its negligence or a violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death was caused partially or in totality due to the negligence.

FELA cases have helped improve tort law by establishing precedents for issues like emotional distress on the railroad and damages distribution as well as working conditions requirements. In particular, FELA claims have brought national attention to the issue of an employer's duty not delegated to ensure that its workers are provided with a safe workplace. This includes off-site facilities like private hotels where railroad workers may stay when traveling for business. An attorney for railroads can assist the railroad worker who has been injured receive the full benefits he or she is eligible for under FELA.

FELA vs. State Workers' Compensation Laws

If a worker sustains an injury while working or at work, they may seek workers' compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, financial payouts and loss of future earnings but they differ in important ways.

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

In addition, FELA cases allow injured railroad workers to take their case to a jury trial and be ruled on by a group of their peers, not the authority in charge of administrative matters that manage workers compensation claims. In addition, FELA does not put any limit on the amount of damages that can be granted to an injured worker, while workers' compensation claims limit damages in accordance with a set schedule.

The difference between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you know was injured while working as a railroad worker it is crucial to speak with experienced FELA lawyers.

To find out more about the distinctions between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're here to help you receive the best benefits under FELA. Click here to go to the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available via phone or person to discuss your case. Our attorneys also work on a contingency basis, which means you don't pay unless we win your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers for injuries claims. Unlike workers' compensation, which provides an amount that is fixed regardless of who is responsible for the incident, FELA cases are decided by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses as well as lost wages (including future earning potential) and death benefits along with suffering and pain. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often falls far short of covering the actual losses of a worker.

The FELA law applies to railroads that participate in global or interstate commerce. It permits injured employees, as well as their families to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a good place to start your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to provide legal advice. If you require further assistance you should consult an attorney.

Many people do not realize that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Many people are mistakenly thinking that FELA is like state workers' compensation laws, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two types of claims in order that they receive the most effective representation. A qualified lawyer can assist the family of a railway worker who has died or injured understanding the different types damages available to them. The injured person can receive the maximum amount of compensation allowed by FELA. If you're a railroad employee injured on the job, consult an attorney from a firm that is Designated Legal Counsel.