The History Of Federal Employers Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured on the job, they face unique legal challenges. In contrast to most workers insurance laws, railroad workers are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

To win a FELA case, railroad workers need to establish two things. First the injury must be proven to be the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both are designed to compensate workers for illnesses or injuries that occur during work however, the two laws differ in a number of ways. In particular, 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, what damages are awarded and the method by which and where cases are heard.

FELA was enacted because the risk of injury to railroad workers is extremely high. Congress passed this law to protect workers and their families as well as themselves in the event of accident on the job. To be eligible for compensation under FELA the worker must demonstrate that their employer violated the federal law or regulation relating to safety at work. 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 which aren't covered under workers compensation, like suffering and pain. Contrary to claims under workers' compensation, which are generally restricted based on the injury sustained, a FELA can seek compensation for non-economic losses that include emotional stress or loss of enjoyment living.

The distinction between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker must show that the company was at minimum partially responsible for the injury. If a worker is determined to be the cause of their injury, the amount of their damages may be reduced. For instance in the event that a worker was instructed to perform a task that was in violation of company policy and were hurt as a result, the company could be held 50 percent accountable for their injuries.

Workers' compensation has a faster timeline for filing claims than the FELA case. In a FELA claim, the statute of limitations is three years from the date your injury occurred, while in a workers' comp case, it's 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 railroad employee is injured while at work the employee can pursue a claim under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers' compensation that provide benefits regardless of fault, FELA is a statute of liability. Thus the successful FELA claim requires proof that the railroad was negligent and that negligence played a role in the injury to the worker.

The FELA law, which was enacted in 1908, is designed to compensate railroad employees who have suffered injuries due to the nature of their job. Before the enactment this law, railroad worker death and injury rates were high. This resulted in the need for a comprehensive insurance that went beyond the laws governing workers' compensation.

In general the majority of cases, the majority of FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was liable under the FELA.

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

FELA cases have benefited tort law by establishing precedents for issues like emotional distress in the railroad and damages distribution as well as working conditions standards. FELA claims specifically have sparked national attention to a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site facilities like hotels that are private, where railroad employees can stay when traveling for business. An experienced attorney for railroads can help an injured railroad worker receive the full benefits to which they are entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker sustains an injury while working and suffers an injury on the job, they can file for workers' compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, monetary payouts and loss of future earnings but they differ in important ways.

In fela law firm to workers' compensation, which allows employees apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety rule of the federal government that caused their injury. This includes laws such as the Occupational Safety and Health Administration (OSHA) and 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 get their case decided by a panel of their peers, not the authority in charge of administrative matters that manage workers' compensation claims. Lastly, FELA does not put a cap on the amount of damages that can be granted to an injured worker while workers compensation claims limit damages according to a pre-determined timetable.


It is crucial to understand the difference between these two statutes, especially for railroad employees who aren't covered by state workers' compensation laws. They must be pursuing their cases under FELA. If you or someone you love was injured as a railroad employee it is crucial to speak with a knowledgeable FELA lawyers.

Grossman Law Offices can help you learn more about the differences in state workers' compensation laws and FELA. Contact us today to speak to a lawyer. We are ready to help you receive the best benefits available under FELA. To find a reputable 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 offer free consultations and are able to discuss your situation by phone or in person. Our attorneys are on a contingency basis, meaning you won't be charged unless we prevail.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers for injury claims. Contrary to workers' compensation, which pays an amount 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.

In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) and death benefits and pain and suffering. Workers compensation, on the other hand, offers only temporary medical care and a fixed amount of money to cover long-term disability that is often less than what an individual loses.

The FELA law applies to railroads operating in interstate or international commerce, and permits injured employees and their family members to file a lawsuit against their employer for any damages resulting from the company's negligence. 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. Access to some of these resources may require the use of a password.

This LibGuide is intended to serve as an aid to study for Villanova law students. Nothing in this guide should be construed as legal advice. Consult an attorney if you require assistance.

Many people are unaware that FELA offers railroad workers special protections. Many people believe that FELA is like state laws on workers' compensation however they aren't. Injured railroad workers need to be aware of the differences between the two types of claims in order they can receive the best representation. A skilled lawyer can assist the family of a railway worker who has died or injured understanding the different types damages they can claim. The person who has been injured will be entitled to the maximum amount of compensation permitted by FELA. If you're a railway worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.