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Ten Federal Employers That Will Actually Change Your Life
Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they are injured at work. Unlike most workers' compensation laws, railroad employees 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 the result of their employer's negligence.

FELA vs. Workers' Compensation

While workers' compensation and FELA both attempt to compensate employees for illnesses or injuries that occur during work, these two laws differ in a number of ways. FELA is only applicable to railroad workers whereas workers' compensation is applicable to a variety of jobs within the public and private sectors. FELA differs from workers compensation in that it is decided by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard.


The risk of being injured is very high for those working on railroads and that's why FELA was adopted in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of an injury while working. To receive compensation under FELA the worker must prove their employer has violated the federal law or regulation relating to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act 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 claims for workers' compensation which are usually limited based on the type of injury sustained, FELA can claim compensation for non-economic damages like emotional stress or loss of enjoyment living.

The main 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 very least partially responsible for the injury. If an injury suffered by a worker is determined to be their fault, their damages could be reduced. If a worker gets hurt due to being told to do something against company policy, and the company was found to be 50% responsible, for example, then the company may be held 50% responsible.

Workers' compensation cases have shorter timeframes to file a claim. In the case of a FELA claim, the statute is three years from when the injury occurred, but in a workers' compensation case, it's one year. It is therefore important to consult a FELA lawyer who has experience as soon as you can after your injury.

FELA in vs. State Law

If a railroad employee is injured at work, he or her may pursue a claim under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim will require evidence that the railroad was negligent, and that this negligence caused the worker's injuries.

The FELA was passed in 1908, and was designed to compensate injured railroad workers for injuries suffered because of the nature of their work. Prior to the enactment of this law, railroad worker deaths and injuries were high. This resulted in the need for a comprehensive insurance that went beyond the workers' compensation laws.

In general it is the case that a FELA claim must be filed in federal court since the FELA is a federal law. FELA claims can be filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for FELA.

Similar to workers compensation, like workers' compensation, a FELA claim provides the injured worker with lost wages and medical expenses as well as damages for pain and suffering. These damages are based on the notion that a railroad was liable for the injury or death due to its negligence or violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death was caused in part or in totality due to the negligence.

FELA cases have improved tort law through the creation of precedents for issues such a railroad emotional distress and damages allocation, as well as working conditions standards. FELA claims specifically, have brought federal attention to the issue of the obligation of a non-delegable employer to provide a safe work environment for its employees. This includes off-site facilities such as private hotels, which railroad employees may stay when traveling for business. A good railroad attorney can assist an injured railroad worker receive the full benefits to which he or she is entitled under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker is injured while working then he or she may claim workers compensation benefits or sue his employer under FELA. Although both laws provide similar benefits, such as medical coverage, monetary payments, and future earnings loss but they differ in important ways.

Unlike workers' compensation, which allows employees to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove their employer violated the federal safety laws that caused their injuries. 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 more difficult to win a FELA claim than workers' compensation claims as evidence of negligence is required.

FELA allows railroad workers who are injured to have their cases decided by a committee of their peers, rather than the administrative authority overseeing workers' compensation claims. Lastly, FELA does not put an upper limit on the amount of damages that can be given to injured workers while workers compensation claims limit damages according to a pre-determined timetable.

The difference between these two statutes is important to be aware of, especially for railroad employees who are exempt from state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you love has been injured on the job as a railroad worker it is important to talk with experienced FELA lawyers.

To find out more about the distinctions between FELA and state workers compensation laws, speak with an attorney from Grossman Law Offices today. We're here to help you obtain the maximum benefits from FELA. Click here to go to the National Division BLET's site to find a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available via telephone or in person to discuss your case. Our attorneys also work on a contingency basis, which means you don't pay until we win your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers over injury claims. In contrast to workers' compensation, which pays an amount fixed, regardless of fault, FELA cases will be determined by juries based on comparative negligence. Moreover, railroad injury fela lawyer allows for much larger damage awards.

FELA also provides medical expenses and lost wages (including future earning potential) as well as death benefits along with pain and suffering. Workers compensation, on contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disability, which is often far lower than what an individual loses.

The FELA law is applicable to railroads involved in interstate or global commerce. It allows injured employees and their families, to sue their employers for damages directly caused by the company's negligence. This LibGuide is a great place to begin your research. The LibGuide provides links to online resources available on the Villanova Law Library website. Access to some of these resources may require an account password.

This LibGuide is designed to be an aid to study for Villanova law students. This guide is not intended to be construed as legal advice. Please consult an attorney should you require additional assistance.

Many people are unaware that FELA offers railroad workers special protections. Many people are mistakenly thinking that FELA is like the state laws governing workers' compensation, but they are not. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the best representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or family members of a deceased railroad employee to understand the different types of damages that are available to their claim. The person who has been injured will be able to receive the maximum amount of compensation allowed by FELA. If you are a railroad worker who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.

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