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7 Secrets About Federal Employers That No One Will Tell You
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with unique legal challenges. Railroad employees, unlike many 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 claim, railroad workers must demonstrate two things. fela lawsuits is that the injury was the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both seek to compensate employees for work-related injuries or illnesses, these two laws differ in a variety of ways. In particular, FELA is only applicable to railroad workers, while workers' compensation applies to a variety of private and public sector jobs. FELA differs from workers' compensation in that it is governed by the person who caused the accident, damages are awarded and the method by which and when cases are heard.

FELA was enacted because the risk of injury to railroad workers is high. Congress passed the law to safeguard family members and employees in the event of being injured while working. In order to be compensated under FELA workers must prove that their employer has violated the federal law or regulation that relates to safety at work. 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 workers compensation, such as suffering and pain. In contrast to claims for workers' compensation which are usually restricted based on the injury suffered, a FELA can claim compensation for non-economic damages like emotional distress or loss of enjoyment of living.

Another difference between FELA and workers' compensation is that to get compensation under FELA the worker must prove that the company was at a minimum partially responsible for their injuries. If the injury suffered by a worker is determined to be the fault of the company their damages can be reduced. For instance, if a worker was instructed to do something that was not in line with company policy and were injured in the process the company could be held 50 percent responsible for their injuries.

Workers' compensation cases have a shorter timeline to submit an claim. In the case of a FELA case the statute of limitation is three years from date of your injury, when in a workers' compensation case, the statute of limitations is one year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as possible after your injury.

FELA Vs. State Law

If a worker on the railroad is injured on the job, he or she may submit a claim for compensation under workers compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent, and that the negligence resulted in the worker's injuries.

The FELA was enacted in 1908 and is intended to compensate injured railroad workers for injuries resulting from the nature of their work. Prior to the enactment of this law, railroad worker accident and death rates were high. This led to the need provide railroad employees with comprehensive coverage, which exceeds workers' compensation laws.

A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. FELA claims can be filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was liable under the FELA.

FELA claims are similar to workers' compensation in that they compensate for lost wages, medical costs and pain and suffering damages. These damages are based upon the fact that the railroad was accountable for the death or injury due to its negligence or a violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. In addition to that, a FELA claimant must prove that the injury or death was a result of the whole or in part because of the negligence of the railroad.

FELA cases have helped improve tort law by setting precedent for issues such as railroad emotional distress and damages distribution as well as working conditions requirements. FELA claims, in particular have sparked national attention to the obligation of a non-delegable employer to provide a safe and secure work environment for its employees. This includes off-site facilities such as private hotels, which railroad employees may be able to stay when on business. An attorney for railroads can assist those who have been injured receive the full benefits he or can claim under FELA.

FELA vs. State Workers' Compensation Laws

If workers are injured on the job, he or she can claim workers compensation benefits or sue their employer under FELA. Both laws provide similar benefits like medical coverage and monetary payouts. However, they are different in some important ways.

In contrast to workers' compensation, which allows employees to file without having to prove that their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws that led to their injuries. This includes laws such as 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, as evidence of negligence is required.

In addition, FELA cases allow injured railroad workers to take their case to a jury trial, and have their case determined by a panel of their peers rather than the authority in charge of administrative matters that manage workers' compensation claims. FELA does not restrict the amount of compensation an injured worker may receive, while workers' compensation claims do.

The distinction between these two statutes is crucial to be aware of, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you know was injured on the job as a railroad employee, it is important to talk with experienced FELA lawyers.

To know more about the differences between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're here to help you obtain the maximum benefits available under FELA. Click here to visit 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 willing to discuss your case by telephone or in person. Our lawyers are on a contingent basis, meaning that you will not be charged unless you prevail.

FELA Vs. State Workers' Compensation Statutes

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

FELA also provides medical expenses and lost wages (including future earning potential), death benefits, as well as suffering and pain. In contrast workers' compensation provides 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 applies to railroads that operate in interstate or international commerce, and allows injured employees and their families to file a lawsuit against their employer for any damages resulting from the company's negligence. This LibGuide is a great place to start your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources may require the use of a password.


This LibGuide is intended as an educational supplement for Villanova law students. This guide is not intended to provide legal advice. If you require further assistance you should consult an attorney.

Many workers are unaware that FELA offers railroad workers specialized protections. Though many people believe that FELA and state laws on workers' compensation are the same but they are vastly different. Railroad workers injured in an accident should be familiar with the distinctions between these two types of claims to receive the most effective representation. A qualified lawyer can assist the family of a railway worker who has passed away or injured in understanding the different types damages available to them. This will allow the injured person to obtain the maximum amount of compensation allowed under FELA. If you are a railroad worker who has been injured on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.

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