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10 Easy Steps To Start Your Own Federal Employers Business
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with unique legal challenges. In contrast to most workers insurance laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

To win a FELA case railroad workers must establish two things. First the injury must be proven to be the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers compensation and FELA both attempt to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a number of ways. Particularly, FELA is only applicable to railroad workers, while workers' compensation applies to a wide range of public and private jobs. FELA and workers' compensation are also different in the way they determine fault and how damages are determined and the manner in which cases are tried.

FELA was passed due to the risk of injury for railroad workers is extremely high. Congress passed the law to protect workers and their families in the event of being injured while on the job. In order to be compensated under FELA the worker must prove their employer has violated the federal law or regulation relating to workplace safety. Examples include a violation 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 wages and medical treatment, FELA provides for damages that aren't covered by compensation, such as pain and suffering. In contrast to a workers' compensation claim, which is usually capped at an amount based on the severity of injuries and other injuries, an FELA claim can seek compensation for non-economic damages such as emotional distress and loss of enjoyment life.

The main distinction between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker must prove that the company was at minimum partially responsible for the injury. If a worker is determined to be the cause of their injury the amount of damages could be reduced. For instance in the event that the worker was told to perform a task that was against company policy and they suffered injuries in the process the company could be held 50% accountable for their injuries.

Workers' compensation has a faster timeline for filing claims than the FELA case. In a FELA claim, the statute is three years from when the injury occurred, but in a workers' comp case, it's one year. This is why it is important to contact an experienced FELA lawyer as soon as you can after your injury.

FELA Vs. State Law

If a worker on the railroad is injured on the job the worker can make a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation 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 the railroad was negligent and that negligence contributed to causing the worker's injury.

The FELA was passed in 1908, and was designed to compensate injured railroad workers for injuries suffered because of the nature of their work. Before the enactment this law, railroad worker accident and death rates were high. This led to 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 enacted by Congress. FELA claims can be filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX was a railroad employee who claimed that his employer was responsible under the FELA.

Like workers compensation and workers' compensation, a FELA claim provides the injured worker with compensation for lost wages, medical expenses and the cost of suffering. These damages are based on the notion that a railroad was responsible for the death or injury due to its negligence or violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally, a FELA claimant must show that the injury or death was a result of the whole or in part by the negligence of the railroad.

FELA cases 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 drawn national attention to the issue of an employer's obligation to provide a safe work environment for its workers. This includes off-site locations like private hotels which railroad employees may stay while on business. A good railroad attorney can assist a railroad worker obtain the full benefits to which he or she is entitled under FELA.

FELA in opposition to. State Workers' Compensation Laws

If workers are injured on the job then he or she may claim workers compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, like medical coverage, cash payments, and future earnings loss however, they differ in significant ways.

Unlike workers' comp which permits employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad employee demonstrate that their employer has did not comply with a safety law of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration, 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 presented.

FELA allows railroad workers who are injured to have their cases ruled by a committee of their peers, not the authority that oversees administrative workers' compensation claims. In addition, FELA does not put an upper limit on the amount of damages that can be awarded to an injured worker, while workers compensation claims limit damages in accordance with a set schedule.

It is crucial to understand the distinction between these two laws, especially for railroad workers who aren't covered by state workers' compensation laws. They must take their cases to FELA. If you or someone close to you was injured as an employee of a railroad it is essential that you speak with experienced FELA lawyers.

To know more about the differences between FELA and state workers' compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you maximize the benefits available under FELA. Click here to go to the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). fela attorneys 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 attorneys are on a contingency basis, meaning you will not be charged until we prevail.

FELA against. 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 provide an amount that is fixed regardless of who was responsible for the incident, FELA cases are decided 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, along with pain and suffering. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which usually does not cover a worker's true losses.

The FELA law applies to railroads operating in international or interstate commerce, and permits injured employees and their families to bring a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide offers a base for further research on this subject. It includes links to various online resources that are available on the Villanova Law Library's website. Some of these websites require a password to access.

This LibGuide was designed to aid in the study of Villanova Law students. This guide is not intended to provide legal advice. You should consult with an attorney if you need additional assistance.


Many workers are unaware that FELA offers railroad workers special protections. Many people are mistakenly thinking that FELA is similar to state workers' compensation laws but they're not. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the most effective representation. In the event of an injury, a knowledgeable lawyer can assist the injured employee or family members of a deceased railroad worker to understand the various kinds of damages that are available to their claim. The person who has been injured will be able to receive the maximum amount of compensation permitted by FELA. If you're a railroad worker injured on the job, consult a firm of Designated Legal Counsel.

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