The Next Big Event In The Federal Employers Industry Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries on the job. Railroad workers, unlike other workers' compensation laws, have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.

To prevail in a FELA case, railroad workers need to establish two things. First, that the injury occurred as a result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both attempt to compensate workers for illnesses or injuries that occur during work, these two laws differ in a variety of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation is applicable to a broad range of public and private jobs. FELA differs from workers compensation in that it is governed by the person who caused the accident, what damages are awarded and the method by which and where the cases are decided.

FELA was passed because the danger of injury for railroad workers is high. Congress passed this law to protect workers as well as their families and themselves in the event of injury while working. To receive compensation under FELA the worker must prove the employer violated a federal law or regulation that relates to workplace safety. 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, including pain and suffering. Contrary to claims under workers' compensation, which are generally limited based on the type of injury suffered, a FELA can seek compensation for noneconomic damages, such as emotional stress or loss of enjoyment of living.

Another distinction between FELA and workers' compensation is that to receive compensation under FELA, the worker must prove that the employer was at least partly responsible for their injury. If a worker is determined to be at fault for their injuries the amount of damages may be reduced. If a worker gets hurt because they were told to follow company policy, and the company is held 50% responsible, for example, then the company may be held 50% responsible.

Workers' compensation is an earlier filing time for claims than a FELA case. In a FELA case the statute of limitation is three years from the date of your injury, however, in the case of workers' compensation the statute of limitations is 1 year. This is why it is crucial to speak with an experienced FELA lawyer as soon as possible after your injury.

FELA vs. State Law

If a railroad employee is injured at work and is injured, they can file a claim either under the Federal Employers Liability Act or workers compensation. Contrary to the statutes for workers' compensation that 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 was enacted in 1908 and was intended to compensate railroad workers injured for injuries suffered because of the nature of their work. Prior to the passage of this law, railroad worker deaths and injuries were high. This led to the need for a comprehensive insurance that goes beyond the workers' compensation laws.

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


Like workers compensation and workers' compensation, a FELA claim is a way to provide the injured worker with wages lost and medical expenses as well as the cost of suffering. These damages are based upon the fact that the railroad was accountable for the injury or death because of its negligence or in violation of the safety laws, such as 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 full by such negligence.

FELA cases improved tort law by establishing of precedents in areas such as emotional distress on the railroad and damages allocation, as well as working conditions standards. FELA claims particularly, have brought federal attention on the issue of an employer's obligation to provide a safe and secure work environment for its employees. This includes off-site facilities such as hotels owned by private individuals in which railroad workers may be staying to work. A railroad attorney can help those who have suffered injuries to obtain the full amount of benefits she is eligible for under FELA.

FELA vs. State Workers' Compensation Laws

If a worker suffers an injury while working, they may file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, monetary payouts, and future earnings loss but they differ in important ways.

Contrary to workers' compensation which allows employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety law of the federal government that caused their injury. This includes laws like 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, as evidence of negligence is required.

FELA allows injured railroad workers to have their cases ruled by a panel of their peers, rather than the administrative authority overseeing 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 according to a pre-determined timetable.

The difference between these two statutes is important to know, particularly for railroad employees who are not covered by state workers' compensation laws 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 essential to consult with a professional FELA lawyers.

To learn more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're prepared to assist you get the most benefits available under FELA. Click here to visit the National Division BLET's site to find a certified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your case over the telephone or in person. Our attorneys also work on a contingency basis that means you won'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 in injury claims. Unlike workers compensation, which offers a fixed amount of benefits regardless of who is responsible for the accident, FELA cases are decided by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) and death benefits and pain and suffering. In fela claims railroad employees gives only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually does not cover a worker's true losses.

The FELA law is applicable to railroads that are involved in international or global trade. It permits injured employees, as well as their families to sue their employers for damages directly caused by the negligence of the company. This LibGuide offers a base to research this issue. 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 designed as a study aid to Villanova Law students. Nothing in this guide should be taken as legal advice. If you require further assistance, please consult an attorney.

Many people do not realize that FELA is a distinct piece of legislation that grants specific protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are the same but they are vastly different. Injured railroad workers need to be aware of the distinctions between the two types of claims so that they can get the best representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages available for their claim. This will enable the injured worker to get the maximum amount of compensation allowed under FELA. If you are a railroad employee who has been injured while on the job, call a Designated Legal Counsel (DLC) firm for advice.