Notes

What Is Federal Employers And Why You Should Take A Look
Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries on the job, they face unique legal issues. Unlike 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 need to establish two things. First the injury must be proven to be the result of their employer's negligence.

FELA Vs. Workers' Compensation

Workers comp and FELA are both designed to compensate employees who are afflicted by work-related illnesses or injuries. However they differ in couple of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide range of public and private jobs. FELA and workers' compensation also differ in the way they determine the degree of fault, how damages are awarded, and where and how cases are decided.

The risk of being injured is high for people working on railroads, which is why FELA was passed in 1908. Congress passed this law to protect workers as well as their families and themselves in the event of an injury while working. In order to be compensated under FELA workers must demonstrate that their employer violated the federal law or regulation that relates to safety in the workplace. Examples include violations of the Safety Appliance Act, Boiler Inspection Act and Power Brake Law.

In addition to providing financial compensation for past and future loss of wages and medical treatments, FELA provides for damages that aren't covered by compensation, like pain and suffering. In contrast to a workers' compensation claim, which is generally limited to a certain amount based on injuries and other injuries, a FELA claim can seek compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

A distinction between FELA compensation and workers compensation is that to be eligible for compensation under FELA the worker must show that the employer was at very least partially responsible for the injury. If the injury suffered by a worker is found to be the fault of the company, their damages could be reduced. For example, if a worker was instructed to do something that was in violation of company policy and were injured in the process, the company could be held 50% responsible for their injuries.

Workers' compensation requires a faster timeline for filing a claim than a FELA case. In a FELA claim, the statute of limitation is three years from the date your injury occurred, whereas in a workers' comp case, it's only one year. This is why it is crucial to consult a seasoned 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 and suffers an injury, they can submit a claim for compensation under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Thus an effective FELA claim requires proof that the railroad was negligent and that such negligence contributed to the injury of the worker.

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

In general, a FELA claim is filed in federal court because the FELA is a federal law. FELA claims can be filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for FELA.

FELA claims are similar to workers compensation claims in that they provide lost wages, medical expenses and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the death or injury due to its negligence or violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also prove that the injury, or death was caused in part or in totality due to the negligence.

FELA cases have benefited tort law by creating precedents for issues like emotional distress on the railroad, damages distribution and working condition standards. FELA claims particularly have sparked national attention to an employer's obligation to provide a safe working environment for its employees. This includes off-site locations such as hotels owned by private individuals in which railroad workers may stay while traveling to work. An attorney for railroads can assist a railroad worker who has suffered injuries to obtain the full benefits is entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker suffers an injury on the job or at work, they may seek workers compensation or sue their employer under FELA. While both laws offer similar benefits, like medical coverage, monetary payments, and future earnings loss but they differ in important ways.

In contrast to workers' compensation, which allows workers to file without proving that their employer was at fault, FELA requires the injured railroad worker to prove their employer violated the federal safety laws that caused their injuries. This includes laws like the Occupational Safety and Health Administration (OSHA) and the Locomotive Inspection Act and Railroad Safety Appliance Act. This makes it harder to win a FELA claim than workers' compensation claims because evidence of negligence is required.

In addition, FELA cases allow injured railroad workers to bring their cases to an open jury trial and get their case decided by a group of peers, not the administrative authority that oversees workers' compensation claims. FELA does not also limit the amount of compensation an injured worker could receive, whereas workers' compensation claims do.

The difference between the two statutes is crucial to know, particularly for railroad employees who are exempt from state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you love was injured as a railroad employee it is crucial to consult with a professional FELA lawyers.

To know more about the differences between FELA and state workers' compensation laws, speak with an attorney from Grossman Law Offices today. We are ready to help you obtain the maximum benefits under FELA. To find a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available by phone or person to discuss your case. Our attorneys are on a contingent basis, meaning you won't be charged unless we succeed.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers compensation, which provide a fixed amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries based on 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 pain and suffering. Workers compensation, on contrary, provides temporary medical treatment and a predetermined amount of money to cover long-term disability that is often less than what a worker has lost.

The FELA law is applicable to railroads operating in interstate or international commerce, and allows injured employees and their families to bring a lawsuit against their employer to recover damages caused by the company's negligence. This LibGuide provides a starting point to research this issue. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password to access.

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

Many workers are unaware that FELA is a distinct piece of legislation that offers specific protections to railroad employees. While many believe that FELA and state laws on workers' compensation are similar however, they are quite different. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order that they receive the best representation. A lawyer with experience can help the family of a railroad worker who has died or the injured employee in understanding the various types of damages they can claim. The injured worker will be entitled to the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been injured while on the job, call a Designated Legal Counsel (DLC) firm for advice.

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