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15 Things You Didn't Know About Federal Employers
Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured while 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 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.

FELA against. Workers' Compensation

Workers' compensation and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However, they differ in a number of ways. FELA only applies to railroad workers whereas workers' compensation is applicable to a variety of jobs within the private and public sectors. FELA and workers' compensation also differ in the way they determine the fault and the way in which damages are awarded, and where and how cases are handled.

The risk of being injured is high for people working on railroads and that's why FELA was passed in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of an injury on the job. To be eligible for compensation under FELA the worker must show the 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 the past and future loss of income and medical treatment, FELA provides for damages that aren't covered by' compensation, including suffering and pain. In contrast to a workers' compensation claim, which is usually capped at an amount based on the severity of injuries and other injuries, a FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment of life.

The main distinction between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker must prove that the employer was at very least partially responsible for the injury. If a worker is determined to be responsible for their injuries the amount of their injuries could be reduced. For instance in the event that an employee was directed to perform a task that was against company policy and they were injured in the process the company could be held 50 percent accountable for their injuries.

Workers' compensation has an earlier timeframe for filing claims than the FELA case. In a FELA claim, the statute of limitation is three years from the time the injury occurred, but in a workers' comp case, it is one year. It is therefore important to speak with a FELA lawyer who has experience as soon as you can after the injury.

FELA Vs. State Law

If a railroad employee is injured at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to the statutes for workers' compensation which offer benefits regardless of fault, FELA is a statute of liability. Consequently, a successful FELA claim requires proof that the railroad was negligent and that the negligence played a role in the injury of the worker.

The FELA was enacted in 1908 and is intended to provide compensation to railroad workers injured for injuries suffered because of the nature of their work. Prior to fela lawsuit settlements of this law, death and injury rates among railroad employees were very high. This led to the need for a comprehensive insurance that went beyond the laws governing workers' compensation.

In general the majority of cases, a 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. For example, a recent case in Tennessee, Mills v. CSX, involved a railroad employee who claimed that his employer was responsible under the FELA.

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

FELA cases have influenced tort law through the establishment of precedents for issues like a railroad emotional distress and damages allocation as well as working conditions standards. FELA claims, in particular, have brought federal attention to an employer's obligation to provide a safe and secure work environment for its workers. This includes off-site facilities such as private hotels, which railroad employees may stay when traveling for business. A railroad attorney can help a railroad worker who has been injured receive the full benefits she is eligible for under FELA.

FELA vs. State Workers' Compensation Laws

If an employee is injured while on the job and suffers an injury on the job, they can apply for workers' compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, like medical coverage, cash payments, and future earnings loss, they differ in important ways.

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

FELA allows railroad workers injured by a crash to have their cases ruled by a committee of their peers, not the administrative authority overseeing workers compensation claims. Additionally, FELA does not put an upper limit on the amount of damages that may be awarded to an injured worker while workers' compensation claims limit damages based on a pre-determined schedule.

It is important to know the difference between these two statutes, especially for railroad workers who are not covered by state workers' compensation laws. They must pursue their cases under FELA. If you or someone you know has been injured while working as a railroad worker it is important to talk with experienced FELA attorneys.

Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us now to speak with a lawyer. We're here to help you receive the best benefits under FELA. Click here to visit the National Division BLET's website to locate a certified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available via telephone or in person to discuss your case. Our lawyers also operate on a contingency fee that means you won't pay unless we succeed in your case.

FELA vs. State Workers' Compensation Statutes

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

In addition to financial compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, as well as suffering and pain. Workers compensation, on other hand, offers only temporary medical care and a set amount of money to cover long-term disabilities, which is often far less than what a worker has lost.

The FELA law is applicable to railroads that are involved in interstate or global commerce. It permits injured employees and their families, to sue their employer for damages directly resulting from the company's negligence. This LibGuide provides a starting point for research on this topic. The LibGuide contains 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 developed to aid in the study of Villanova Law students. The information contained in this guide should not be taken as legal advice. Consult an attorney if you require assistance.

Many workers are unaware that FELA is a distinct piece of legislation that offers specific protections to railroad employees. While many believe that FELA and state workers' compensation laws are similar, they are very different. Injured railroad workers need to be aware of the distinctions between the two types of claims so they can receive the best representation. A qualified lawyer can assist the family members of a railroad worker who has died or injured understanding the various types of damages available to them. The injured worker can receive the maximum amount of compensation allowed by FELA. If you're a railroad worker injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.

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