The Unspoken Secrets Of Federal Employers Workers Compensation Vs Federal Employers? Liability

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

To prevail in a FELA claim railroad workers must prove two things. First, that the injury was the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both are designed to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a variety of ways. FELA is only applicable to railroad workers whereas workers' compensation is applicable to a broad range of jobs within the public and private sectors. FELA and workers' compensation differ in the way they determine the degree of fault, how damages are awarded, and where and how cases are tried.

FELA was passed due to the risk of injury to railroad workers is extremely high. Congress passed this law to safeguard workers, their families and themselves in the event of accident on the job. In order to receive compensation under FELA the worker must prove that their employer has violated a federal statute or regulation that pertains to safety in the workplace. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

FELA also offers compensation for suffering and pain that are not covered by workers' compensation. Contrary to a workers' comp claim, which is usually capped at an amount based upon the severity of injuries, the FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

A distinction between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker must prove that the company was at least partially responsible for the injury. If a worker is determined to be the cause of their injury, the amount of their damages could be reduced. If a worker is injured because they were told to follow company policy and the company is held 50% responsible for instance, the company may be held at 50% accountable.

Workers' compensation requires an earlier filing time for claims than a FELA case. In a FELA case the statute of limitation is three years from date of your injury while in a workers' compensation claim the statute of limitation is one year. It is therefore important to consult a FELA lawyer with experience as soon as you can after your injury.

FELA Vs. State Law

If a worker on the railroad is injured while working and suffers an injury, they can submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which provide benefits regardless of fault, FELA is a statute of liability. Thus, a successful FELA claim requires proof that railroad negligence was at play and that such negligence contributed to the injury to the worker.

The FELA was enacted in 1908, and was designed to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, railroad employee accident and death rates were high. This led to the need to provide railroad employees with comprehensive coverage, which exceeds workers' compensation laws.

In general it is the case that the majority of FELA claim must be filed in a federal court due to the fact that the FELA is a federal law. FELA claims can be filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed that his employer was liable for the FELA.

Similar to workers compensation, a FELA claim is a way to provide the injured worker with compensation for lost wages, medical expenses and the cost of suffering. These damages are based on the fact that a railroad was liable for the death or injury because of its negligence or a violation of a safety statute such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA plaintiff must prove that the injury or death was caused in whole or in part due to such negligence.

FELA cases improved tort law through the establishment of precedents for issues such emotional distress on the railroad, damages allocation and working conditions standards. Particularly, FELA claims have brought federal attention to the employer's non-delegable obligation to ensure that their employees are protected in their workplace. This includes off-site locations such as private hotels, where railroad employees can be able to stay when on business. An attorney for railroads can assist a railroad worker who has suffered injuries to obtain the full amount of benefits she is eligible for under FELA.

fela attorneys . State Workers' Compensation Laws

If an employee is injured while working and suffers an injury on the job, they can file for workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However, they are different in some important ways.


Contrary to workers' compensation which permits employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee 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 and 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 the evidence of negligence must be proven.

Additionally, FELA cases allow injured railroad workers to take their case to a jury trial and be ruled on by a group of colleagues rather than the administrative authority who oversees workers compensation claims. Lastly, FELA does not put a cap on the amount of compensation that could be awarded to an injured worker, while workers compensation claims limit damage awards based on a pre-determined schedule.

The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state laws on workers' compensation and must pursue their cases through FELA. If you or someone close to you has been injured as an employee of a railroad, it is important to consult with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us today to speak with an attorney. We are prepared to help you get the most benefits that are available under FELA. Click here to visit the National Division BLET's site to find 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 by phone or person to discuss your case. Our attorneys are on a contingent basis, meaning that you won't be charged unless we succeed.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the ability to sue their employers for injury claims. In contrast to workers' compensation which provides an amount that is fixed regardless of the fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses and lost wages (including future earning potential) as well as death benefits as well as pain and suffering. In contrast workers' compensation gives only temporary medical benefits and a set amount of money for long-term disability, which usually is not enough to cover the actual losses of a worker.

The FELA law applies to railroads that are involved in international or global trade. It allows injured employees, as well as their families to sue their employers for damages directly resulting from the negligence of the company. This LibGuide is a good place to begin your research. It includes links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password to access.

This LibGuide was developed to aid in the study of Villanova Law students. This guide is not intended to constitute legal advice. If you require more help, please consult an attorney.

Many people are unaware that FELA provides railroad employees with special protections. Many people are mistakenly thinking that FELA is comparable to state laws on workers' compensation, but they are not. Railroad workers injured in an accident must be aware of the differences between these two kinds of claims to get the best representation. In the case of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad worker to comprehend the various types of damages that they can claim in their claim. This will enable the injured worker to get the maximum recovery allowed under FELA. If you are a railroad worker who was injured on the job, contact a Designated Legal Counsel (DLC) firm for advice.