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Workers Compensation Vs Federal Employers? Liability

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

To win a FELA case, railroad workers need to establish two things. The first is that the injury was the result of their employer's negligence.

FELA vs. Workers' Compensation

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

The risk of injury is a high risk for workers on the railroad, which is why FELA was passed in 1908. Congress passed the law to protect the families of workers in the event that they are injured on the job. In order to be compensated under FELA the worker must prove their employer has violated the federal law or regulation related 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, like pain and suffering. Contrary to claims under workers' compensation that are typically capped based on the injuries sustained, FELA is able to seek compensation for non-economic losses like emotional distress or loss of enjoyment of living.

The main distinction between FELA compensation and workers compensation is that in order to be eligible for compensation under FELA the worker must show that the company was at the minimum partially responsible for the injury. If a worker's injury is determined to be attributable to them, their damages could be reduced. If a worker is injured due to being told to violate company policy and the company is held 50% accountable for instance, the company may be held to be 50% responsible.

Workers' compensation cases have a shorter timeline to submit claims. In a FELA case, the statute of limitations is 3 years from the date of your injury, however, in the case of workers' compensation the statute of limitations is one year. It is therefore important to consult 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. Unlike workers' comp statutes which offer benefits regardless of the fault of the injured party, FELA is a statute of liability. Therefore, a successful FELA claim requires proof that railroad negligence was at play and that the negligence contributed to the injury of the worker.

The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the enactment of this law, railroad worker death and injury rates were high. fela railroad accident lawyer sparked the need to offer railroad workers a comprehensive coverage, which exceeds workers' compensation law.

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

FELA claims are similar to claims for workers' compensation in that they cover lost wages, medical costs and pain and suffering damages. These damages are based on the fact that the railroad was liable for the death or injury due to its negligence or violation 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 partially or completely due to such negligence.

FELA cases have benefited tort law by creating precedent for issues such as emotional distress on the railroad as well as damages distribution and working condition standards. FELA claims specifically have sparked national attention to the issue of an employer's obligation to provide a safe working environment for its employees. This includes off-site locations such as private hotels where railroad employees may stay for business reasons. Railroad attorneys can help the railroad worker who has suffered injuries to obtain 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, he or she can file for workers' compensation benefits or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, cash payments, and future earnings loss, they differ in important ways.

In contrast to workers' compensation, which allows employees to file without proving that their employer was to blame, FELA requires the injured railroad employee to prove that 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. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence must be proven.

FELA allows injured railroad workers to have their cases considered by a panel of their peers, not the authority that oversees administrative workers' compensation claims. FELA does not restrict the amount of compensation an injured worker may be awarded, whereas workers' compensation claims do.

The difference between these two statutes is important to understand, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or a loved one has been injured by an employee of a railroad it is crucial that you speak with a knowledgeable FELA lawyers.


Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us today to speak with a lawyer. We're here to help you receive the best benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be taken to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available to discuss your case over the telephone or in person. Our attorneys are on a contingent basis, meaning you will not be charged until we win.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Contrary to workers' compensation which provides a fixed amount regardless of the cause, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

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

The FELA law applies to railroads operating in interstate or international commerce, and it allows 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 great place to start your research. It also provides links to a variety of online resources on the Villanova Law Library's website. Access to certain resources may require an account password.

This LibGuide was developed as a study aid for Villanova Law students. This guide is not intended to be legal advice. If you need more assistance seek advice from an attorney.

Many people do not realize that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws but they're not. Railroad workers injured in an accident must be aware of the differences between these two types of claims in order to obtain the best possible representation. A lawyer with experience can help the family of a railroad worker who has passed away, or injured understanding the various types of damages that they are entitled to. The injured person will be able to receive the maximum amount of compensation permitted by FELA. If you're a railway worker injured on the job, consult an attorney from a firm that is Designated Legal Counsel.

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