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

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

In order to prevail in a FELA claim, railroad workers must demonstrate two things. First the injury must have been caused by the negligence of their employer.

FELA vs. Workers' Compensation

Workers' compensation and FELA are both designed to compensate employees who suffer work-related injuries or illnesses. However, they differ in a number of ways. FELA only applies to railroad workers while workers' compensation is applicable to a broad range of jobs in both the private and public sectors. FELA differs from workers' compensation in that it is determined by the person who caused the accident, what damages are awarded, and the manner in which and where the cases are decided.

FELA was passed because the risk of injury for railroad workers is high. Congress passed this law to safeguard workers as well as their families and themselves in the event of an injury while working. To be eligible for compensation under FELA workers must prove that their employer violated any federal law or regulation that relates 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 workers compensation, like pain and suffering. Unlike workers' compensation claims which are usually limited based on the type of injury suffered, a FELA can claim compensation for non-economic damages, such as emotional stress or loss of enjoyment living.

The difference between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker must show that the employer was at least partially responsible for the injury. If a worker is found to be the cause of their injuries the amount of damages could be reduced. If a worker gets hurt due to being told to follow company policy, and the company is held 50% responsible for the incident, then the company could be held to be 50% responsible.

Workers' compensation cases have a shorter timeline to make an claim. In a FELA case, the statute of limitations is three years from the date of your injury while in a workers' compensation case, the statute of limitations is 1 year. This is why it is crucial to consult a seasoned FELA lawyer immediately following your injury.

FELA vs. State Law

If a railroad worker gets injured while working the worker can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent, and that this negligence caused injuries to the worker.

The FELA, which was passed in 1908, is designed to compensate railroad workers who are injured due to the nature of their job. Prior to the enactment of this law, railroad employee deaths and injuries were high. This led to the need to provide railroad employees with extensive coverage that is greater than workers' compensation law.

In general the majority of cases, an FELA claim is filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. For example an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA.

FELA claims are similar to workers compensation in that they cover the loss of wages, medical expenses as well as pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the injury or death because of its negligence or violation the safety laws, 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 in part or in totality due to the negligence.

FELA cases have helped improve tort law by creating precedent for issues such as 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 non-delegable duty to ensure that its employees are protected in their workplace. This includes off-site places like hotels that are private, which railroad employees may be able to stay when on business. A railroad attorney can help a railroad worker who has been injured receive the full amount of benefits is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker sustains an injury on the job, they may file for workers' compensation or sue their employer under FELA. Both laws provide similar benefits such as medical coverage and monetary payouts. However they differ in a number of important ways.

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


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

It is essential to understand the difference between these two laws, especially for railroad workers who aren't covered under state laws on workers' compensation. They must be pursuing their cases under FELA. If fela railroad settlements or someone you love has been injured as an employee of a railroad it is crucial to speak with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us today to speak with an attorney. We're prepared to assist you pursue the maximum benefits available under FELA. Click here to go to the National Division BLET's website to locate a certified Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are able to discuss your case by phone or in person. Our attorneys also operate on a contingency basis which means that you don't pay unless we are successful in settling your case.

FELA vs. State Workers' Compensation Statutes

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

FELA also provides medical expenses, lost wages (including future earning potential), death benefits, as well as suffering and pain. In contrast workers' compensation provides 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 interstate or international commerce, and permits injured employees and their family members to file an action against their employer for damages resulting from the negligence of the company. This LibGuide is a good place to begin your research. It also provides links to a variety of online resources on the Villanova Law Library's website. Some of these resources require a password to access.

This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to constitute legal advice. Please consult an attorney if you require additional assistance.

Many people do not realize that FELA is a unique piece of legislation that offers special protections to railroad workers. Although many believe that FELA and state workers' compensation laws are similar, they are very different. Railroad workers injured in an accident must be aware of the differences between these two types of claims to obtain the best possible representation. In the case of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to comprehend the various types of damages available for their claim. The person who has been injured will be entitled to the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been hurt on the job, you should contact a Designated Legal Counsel (DLC) firm for guidance.