Notes

10 Life Lessons We Can Take From Federal Employers
Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured on the job. 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 prevail in a FELA case railroad workers must establish two things. First, the injury must be caused by the negligence of their employer.

Workers' Compensation vs. FELA

Workers' compensation and FELA are both designed to compensate employees who suffer from work-related injuries or illnesses. However they differ in a number of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of private and public jobs. FELA differs from workers compensation in that it is decided by the person who caused the accident, and how much damages are awarded and the method by which and where the cases are decided.

The risk of being injured is a high risk for workers on the railroad This is the reason FELA was enacted in 1908. Congress passed this law to protect workers, their families and themselves in the event of an accident on the job. In order to be compensated under FELA the worker must prove their employer has violated any federal law or regulation relating to workplace safety. Examples include violations of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' compensation. Unlike workers' compensation claims which are usually capped based on the injuries sustained, a FELA can claim compensation for non-economic damages like emotional distress or loss of enjoyment living.

fela claims railroad employees between FELA and workers' compensation is that to get compensation under FELA the worker must prove that the company was at least partly responsible for their injuries. If the injury suffered by a worker is found to be their fault, their damages could be reduced. If a worker is injured because they were instructed to do something against company policy and the company was found to be 50% responsible for the incident, then the company could be held 50% responsible.

Workers' compensation cases require an earlier time frame to make an claim. In a FELA claim, the statute is three years from the time your injury occurred, whereas in a workers' comp case, it's only one year. It is therefore crucial to speak with a FELA lawyer experienced in the earliest time you can after your injury.

FELA vs. State Law

If a railroad worker gets injured on the job and suffers an injury, they can make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws that provide benefits regardless of who is at fault for the injury, FELA is a liability statute. Consequently the successful FELA claim requires evidence that railroad negligence was at play and that the negligence contributed to the injury to the worker.

The FELA was enacted in 1908 and is intended to compensate railroad workers injured 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 provide railroad employees with comprehensive coverage, which exceeds workers' compensation laws.

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

FELA claims are similar to workers compensation claims in that they compensate for the loss of wages, medical expenses and pain and suffering damages. These damages are based upon the fact that the railroad was liable for the death or injury because of its negligence or violation a safety statute such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally to that, a FELA claimant must show that the death or injury was a result of the whole or in part because of such negligence.

FELA cases have benefited tort law by setting precedent for issues such as emotional distress in the railroad and damages distribution as well as working condition standards. In particular, FELA claims have brought national attention to an employer's non-delegable duty to ensure that its workers are safe in their workplace. This includes off-site locations like hotels that are private, where railroad workers may stay when traveling for business. An experienced attorney for railroads can assist a railroad worker obtain the full benefits to which they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker sustains an injury while on the job, they may file for workers compensation or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, financial payouts and loss of future earnings but they differ in important ways.

Unlike workers' comp, which allows employees claim benefits without having to prove that the employer was responsible for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety rule of the federal government that led to their injury. This includes laws like 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 due to the fact that evidence of negligence must be proven.

Additionally, FELA cases allow injured railroad workers to take their case to an open jury trial and have their case determined by a group of their peers, not the administrative authority that oversees workers compensation claims. FELA does not restrict the amount of damages an injured worker can be awarded, whereas workers' compensation claims do.

The distinction between the two statutes is crucial to know, particularly for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or someone you love was injured while working 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, speak with an attorney at Grossman Law Offices today. We are prepared to help you maximize the benefits available under FELA. Click here to visit the National Division BLET's website to locate an experienced Designated legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer no-cost consultations, and are available via phone or in person to discuss your case. Our lawyers also operate on a contingency basis which means that you don't pay until we win your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) gives railroad workers the right to sue their employers over injuries claims. Unlike workers' comp which is an amount fixed, regardless of the fault, FELA cases will be decided by juries based upon the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.


In addition to financial compensation, FELA provides for medical expenses and lost earnings (including future earning capacity) and death benefits as well as pain and suffering. Workers compensation, on other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disabilities which is usually lower than what an individual loses.

The FELA law applies to railroads operating in international or interstate commerce, and allows injured employees and their families to file a lawsuit against their employer to recover damages caused by the negligence of the company. This LibGuide is a good place to begin your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Access to certain resources may require the use of a password.

This LibGuide is intended to serve as an aid to study for Villanova law students. This guide is not intended to provide legal advice. If you require more help, please consult an attorney.

Many workers are unaware that FELA is a distinct piece of legislation that provides special protections to railroad workers. Many people mistakenly believe that FELA is like state laws on workers' compensation 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 can get the best representation. A lawyer with experience can help the family members of a railroad worker who has passed away, or injured understanding the various types of damages available to them. This will enable the injured worker to get the maximum amount of compensation allowed under FELA. If you are a railroad worker who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for advice.

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