Notes

5 Lessons You Can Learn From Federal Employers
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they are faced with particular legal challenges. 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 prevail in a FELA case railroad workers must demonstrate two things. First the injury must be proven to have been caused by their employer's negligence.

FELA against. Workers' Compensation

While workers' compensation and FELA both seek to compensate workers for illnesses or injuries that occur during work, these two laws differ in a number of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation is applicable to a wide range of private and public jobs. FELA differs from workers' compensation in that it is decided by the person who caused the accident, what damages are awarded and how and where the cases are decided.

The risk of being injured is a high risk for workers on railroads and that's why FELA was enacted in 1908. Congress passed the law to safeguard the families of workers in the event that they are injured while on the job. To be eligible for compensation under FELA workers must prove that their employer violated the federal law or regulation that relates to safety at work. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. In contrast to a workers' compensation claim, which is typically capped at an amount based on injuries and other injuries, an FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

Another difference between FELA and workers' compensation is that to be eligible for compensation under FELA, the worker must show that the company was at least partially responsible for their injuries. If a worker's injury is determined to be attributable to them the damages they suffer could be reduced. For example in the event that a worker was instructed to do something that was not in line with company policy and were injured as a result the company could be held 50% accountable for their injuries.

Workers' compensation cases have an earlier time frame to file an claim. In the case of a FELA case, the statute of limitations is 3 years from the date of your injury while in a workers' compensation claim, the statute of limitations is 1 year. Therefore, it is important to consult a FELA lawyer with experience as soon as you can after your injury.

FELA vs. State Law

When a railroad worker is injured on the job and suffers an injury, they can file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which provide benefits regardless of fault, FELA is a statute of liability. Therefore, a successful FELA claim requires evidence that railroad negligence was at play and that the negligence contributed to the injury of the worker.

The FELA law, which was enacted in 1908, is designed to compensate railroad workers who have been injured because of the nature of their job. Prior to the enactment of this law, death and injury rates among railroad workers were very high. This led to the need to provide railroad workers with extensive coverage that is greater than workers' compensation laws.

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


FELA claims are similar to claims for workers compensation in that they provide lost wages, medical costs and pain and suffering damages. These damages are based upon the fact that the railroad was responsible for the injury or death because of its negligence or in violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death, was caused in part or completely due to such negligence.

FELA cases have benefited tort law by creating precedent for issues such as emotional distress on the railroad, damages distribution and working conditions requirements. FELA claims particularly, have brought federal attention to the issue of the obligation of a non-delegable employer to provide a safe working environment for its employees. This includes off-site locations such as hotels owned by private individuals where a railroad's workers might stay while traveling for business purposes. The right railroad attorney can help an injured railroad worker receive the full amount of benefits to which they are entitled to under FELA.

fela settlements in opposition to. State Workers' Compensation Laws

If an employee is injured while working and suffers an injury on the job, they can claim workers' compensation benefits or sue his employer under FELA. Both laws provide similar benefits like cash payouts and medical coverage. However, they are different in some important ways.

Contrary to workers' compensation which allows employees to file without proving that their employer was at fault, 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, because the evidence of negligence must be presented.

In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and have their case determined by a group of their colleagues rather than the authority in charge of administrative matters that manage workers' compensation claims. FELA also does not limit the amount of damages an injured worker can receive, while workers' compensation claims do.

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

Grossman Law Offices can help you understand the differences in the state laws governing workers' compensation and FELA. Contact us now to speak with an attorney. We are prepared to help you pursue the maximum benefits under FELA. Click here to visit the National Division BLET's website to locate a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We provide free consultations and are available to discuss your case by phone or in person. Our lawyers work on a contingent basis, which means that you will not be charged unless you prevail.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers for injury claims. Contrary to workers' compensation, which pays an amount fixed, regardless of the cause, FELA cases will be decided by juries based upon 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) as well as death benefits and suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability, which often falls far short of covering the true costs of a worker.

The FELA law applies to railroads operating in interstate or international commerce, and permits injured employees and their families to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide is a great place to start your research. The LibGuide provides links to online resources on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide was created as a study aid for Villanova Law students. This guide is not intended to be legal advice. You should consult with an attorney should you require additional assistance.

Many people are unaware that FELA offers railroad workers special protections. Many people mistakenly believe that FELA is like state workers' compensation laws but they're not. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order that they can get the best representation. In the case of an injury, a skilled lawyer can help the injured employee or family members of a deceased railroad worker to understand the various kinds of damages that they can claim in their claim. This will allow the injured person to receive the maximum amount of compensation allowed under FELA. If you are a railroad employee who has been injured on the job, contact an Designated Legal Counsel (DLC) firm for advice.

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