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Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they face unique legal issues. Unlike most workers insurance laws, railroad workers are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

In order to prevail in a FELA claim, railroad workers must demonstrate two things. First, fela lawyers must have been caused by their employer's negligence.

FELA Vs. Workers' Compensation

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 variety of ways. FELA is only applicable to railroad workers while workers' compensation applies to a wide variety of jobs within the private and public sectors. FELA differs from workers' compensation in that it is decided by the person who caused the accident, what damages are awarded and the method by which and where the cases are decided.

The risk of being injured is very high for those working on the railroad This is the reason FELA was enacted in 1908. Congress passed the law to safeguard workers and their families in the event they were injured while working. In order to be compensated under FELA, the worker must prove that their employer has violated the federal law or regulation that pertains to safety in the workplace. Examples include violations 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' comp. Unlike workers' compensation claims that are typically limited based on the type of injury sustained, a FELA is able to seek compensation for non-economic losses that include emotional stress or loss of enjoyment of living.

Another distinction between FELA 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 their injuries. If a worker's injury is determined to be their fault the damages they suffer could be reduced. For instance when a worker was instructed to perform a task that was not in line with company policy and suffered injuries due to the incident, the company could be held 50% responsible for their injuries.

Workers' compensation requires an earlier filing time for claims than a FELA case. In a FELA claim, the statute of limitations is three years from when your injury occurred, whereas in a workers' comp case, it's one year. This is the reason it is essential to consult a seasoned FELA lawyer immediately following your injury.

FELA Vs. State Law

If a railroad employee is injured while at work, he or her may 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. A successful FELA claim requires proof that the railroad was negligent, and that negligence was the cause of the injuries suffered by the worker.

The FELA, which was passed in 1908, was enacted to compensate railroad workers who have been injured because of their job. Before the enactment this law, railroad employee death and injury rates were high. This sparked the need to provide railroad workers with complete coverage, which is higher than workers' compensation law.

A FELA lawsuit must be filed in federal courts since the FELA was passed by Congress. However, FELA claims are sometimes filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.

FELA claims are similar to workers compensation claims in that they cover lost wages, medical costs and pain and suffering damages. The basis for these damages is the fact that the railroad was liable for the death or injury because of its negligence or a violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused in part or in full by such negligence.

FELA cases improved tort law through the establishment of precedents for issues such emotional distress on the railroad and damages allocation, as well as working conditions standards. FELA claims specifically, have brought federal attention to a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site locations such as private hotels where a railroad's workers might be staying for business reasons. An attorney for railroads can assist a railroad worker who has been injured receive the full benefits he or she is eligible for under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker is injured on the job, injury while working or at work, they may seek workers' compensation or sue their employer under FELA. While both laws offer similar benefits, such as medical coverage, financial payouts and loss of future earnings, they differ in important ways.

Contrary to workers' compensation, which allows employees file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer violated a safety rule 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. This makes it more difficult to win a FELA claim than workers' compensation claims, since proof of negligence is required.

FELA allows railroad workers injured by a crash to have their cases considered by a group consisting of their peers, and not the authority that oversees administrative workers' compensation claims. Additionally, FELA does not put any limit on the amount of damages that may be given to injured workers while workers compensation claims limit damages based on a pre-determined schedule.

It is important to know the difference between these two statutes, particularly for railroad workers who aren't covered by state laws on workers' compensation. They must pursue their cases under FELA. If you or someone you love has been injured by an employee of a railroad, it is important to speak with a knowledgeable FELA lawyers.

To find out more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're ready to assist you receive the best benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available to discuss your case by phone or in person. Our lawyers also work on a contingency basis, which means you don't pay unless we are successful in settling your case.

FELA Vs. State Workers' Compensation Statutes


The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Unlike workers' comp, which pays an amount that is fixed regardless of fault, FELA cases will be decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) as well as death benefits as well as pain and suffering. Contrary to this workers' compensation provides only temporary medical benefits and a set amount of money for long-term disability, which often falls far short of covering the actual losses of a worker.

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

This LibGuide was created to aid in the study of Villanova Law students. The information contained in this guide should not be construed as legal advice. If you need more assistance seek advice from an attorney.

Many workers do not realize that FELA is a unique piece of legislation that grants specialized protections to railroad employees. While many believe that FELA and state laws on workers' compensation are similar but they are vastly different. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order that they can get the best representation. In the event of an injury, a qualified lawyer can assist the injured employee or family members of a deceased railroad employee to understand the various kinds of damages that are available to their claim. The injured worker will be entitled to the maximum amount of compensation permitted by FELA. If you are a railroad worker who has been injured on the job, you should contact a Designated Legal Counsel (DLC) firm for advice.

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