Why Is Federal Employers So Famous? Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries on the job. In contrast to most workers' compensation laws, railroad workers have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

To prevail in a FELA case, railroad workers need to demonstrate two things. First, that the injury was the result of the negligence of their employer.

FELA against. Workers' Compensation

Workers comp and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However, they differ in a number of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation is applicable to a wide range of public and private jobs. FELA and workers' compensation also differ in the way they determine fault, how damages are awarded and the manner in which cases are tried.

The risk of injury is high for people working on railroads This is the reason FELA was adopted in 1908. Congress passed the law to protect workers and their families in the event that they are injured while working. In order to be compensated under FELA, the worker must prove that their employer has violated the federal law or regulation relating to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

In addition to providing financial compensation for future and past loss of wages and medical treatment, FELA provides for damages that aren't covered by compensation, like suffering and pain. Contrary to a workers' comp claim, which is generally limited to a certain amount based upon the severity of injuries however, the 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, the worker must prove that the employer was at a minimum partially accountable for their injury. If the injury suffered by a worker is found to be the fault of the company, their damages could be reduced. If a worker gets hurt due to being told to violate company policy, and the company was found to be 50% accountable, for example, then the company may be held to be 50% responsible.

Workers' compensation cases require an earlier time frame to file claims. In the case of a FELA claim, the statute is three years from when your injury occurred, whereas in a workers' comp case, it's only one year. It is therefore important to contact an FELA lawyer with experience as soon as you can following your injury.

FELA in vs. State Law

When a railroad worker is injured while working, he or she may file a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws, which provide benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent, and that this negligence caused the worker's injuries.

The FELA law, which was enacted in 1908, is designed to compensate railroad employees who have suffered injuries because of their work. Before the enactment this law, railroad worker accident and death rates were high. This led to the need provide railroad workers with comprehensive coverage, which exceeds the workers' compensation laws.

A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.

Like workers' compensation as well, like workers' compensation, a FELA claim is a way to provide the injured worker with lost wages, medical expenses and pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the death or injury because of its negligence or violation a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused partially or in full by such negligence.

FELA cases have benefited tort law by establishing precedent for issues such as railroad emotional distress and damages distribution as well as working conditions standards. In particular, FELA claims have brought federal attention to an employer's duty not delegated to ensure that its employees are safe in their workplace. This includes off-site places such as hotels owned by private individuals in which railroad workers may stay while traveling for business purposes. An experienced attorney for railroads can assist a railroad worker receive the full amount of benefits to which they are entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker sustains an injury on the job or at work, they may seek workers compensation or sue their employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However, they are different in some important ways.

In contrast to workers' compensation which permits employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety law of the federal government that caused their injury. This includes laws like the Occupational Safety and Health Administration as well as the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims due to the fact that evidence of negligence must be provided.

Additionally, FELA cases allow injured railroad workers to bring their cases to an open jury trial and be ruled on by a group of their peers rather than the authority in charge of administrative matters that manage workers compensation claims. FELA also does not limit the amount of compensation an injured worker may be awarded, whereas workers' compensation claims do.

It is essential to understand the distinction between these two statutes, especially for railroad employees who are not covered by state laws on workers' compensation. They are required to pursue their cases under FELA. If you or someone you love was injured on the job as a railroad employee, it is essential to speak with experienced FELA lawyers.

To know more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you get the most benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are available to discuss your case over the phone or in person. Our attorneys also operate on a contingency fee, which means you don't pay until we are successful in settling your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the ability to sue their employers in injuries claims. fela law firm to workers' compensation which is an amount that is fixed regardless of the cause, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.


FELA also provides medical expenses and lost wages (including future earning potential), death benefits, as well as pain and suffering. Workers' compensation, on the other hand, offers only temporary medical care and a predetermined amount of money to cover long-term disabilities, which is often far less than the amount a worker has lost.

The FELA law applies to railroads that operate in international or interstate commerce, and it allows injured employees and their family members to file lawsuits against their employers for any damages resulting from the company's negligence. This LibGuide is a great place to start your research. The LibGuide includes links to online resources 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. The information contained in this guide should not be construed as legal advice. If you require further assistance you should consult an attorney.

Many workers are unaware that FELA provides railroad employees with special protections. Many people mistakenly believe that FELA is similar to the state laws governing workers' compensation, but they are not. Railroad workers injured in an accident must be aware of the distinctions between the two kinds of claims to ensure they can receive the best representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or the family members of a deceased railroad employee to comprehend the various types of damages that they can claim in their claim. The injured worker will be entitled to the maximum amount of compensation allowed by FELA. If you are a railroad employee who has been hurt while on the job, call a Designated Legal Counsel (DLC) firm for advice.