Notes

Looking For Inspiration? Try Looking Up Federal Employers
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured at work, they face particular legal challenges. Contrary to the majority of workers insurance laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).

To win a FELA claim railroad workers must prove two things. First, that the injury occurred as a result of negligence by their employer.

FELA vs. Workers' Compensation

While workers' compensation and FELA both are designed to compensate employees for injuries or illnesses that result from their work however, the two laws differ in a number of ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a broad range of jobs in both the public and private sectors. 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 manner in which and when cases are heard.

The risk of being injured is very high for those working on railroads, which is why FELA was passed in 1908. Congress passed the law to protect family members and employees in the event they were injured while working. To be eligible for compensation under FELA the worker must show their employer has violated a federal law or regulation relating to safety in the workplace. Examples include a violation 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. In contrast to a workers' compensation claim, which is usually restricted to a maximum amount based on injuries however, an FELA claim may 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 that, to be eligible for compensation under FELA the worker must prove that the employer was at minimum partially responsible for the injury. If a worker is found to be at fault for their injuries the amount of their damages could be reduced. If a worker gets hurt because they were told to do something against company policy and the company was found to be 50% responsible for instance, the company could be held 50% responsible.

Workers' compensation is an earlier timeframe for filing an claim than the FELA case. In the case of a FELA case the statute of limitations is three years from the date of your injury while in a workers' compensation case the statute of limitations is 1 year. It is therefore crucial to consult an FELA lawyer with experience as soon as you can following your injury.

FELA in vs. State Law

When a railroad worker is injured on the job and suffers an injury, they can make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent, and that this negligence caused the worker's injuries.

The FELA was enacted in 1908 and was intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the passage of this law, railroad worker accident and death rates were high. fela lawsuits led to the need for a comprehensive coverage that went beyond workers' compensation laws.

A FELA lawsuit must be filed in federal courts because the FELA was enacted by Congress. However, FELA claims are sometimes filed in state courts. For example an upcoming case in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was responsible under the FELA.

FELA claims are similar to claims for workers compensation in that they compensate for the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad was liable for the death or injury because of its negligence or violation of a safety statute such as the Locomotive Inspection Act or 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 due to the negligence of the railroad.

FELA cases have influenced tort law through the creation of precedents for issues like emotional distress on the railroad and damages allocation, as well as working conditions standards. In particular, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that its workers are safe in their workplace. This includes off-site places like hotels that private parties use where a railroad's workers might be staying for business reasons. A railroad attorney can help a railroad worker who has suffered injuries to obtain the full benefits can claim under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker suffers an injury while on the job, they may file for workers' compensation or sue their employer under FELA. Both laws offer similar benefits, like medical coverage, financial payments, and future earnings loss but they differ in important ways.

In contrast to workers' compensation, which allows workers to file without proving their employer was responsible, FELA requires the injured railroad employee to prove that 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. It is more difficult to win a FELA case than a workers' compensation claim, because the evidence of negligence has to be presented.

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

The difference between the two statutes is crucial to understand, especially for railroad employees who are not covered by state laws on workers' compensation and are required to pursue their claims through FELA. If you or someone you know has been injured on the job as a railroad worker, it is crucial to speak with a professional FELA attorneys.

Grossman Law Offices can help you learn more about the differences in state workers' compensation laws and FELA. Contact us now to speak with an attorney. We're ready to assist you get the most benefits from FELA. To find a qualified Designated Legal Counsel (DLC) firm, click here to be directed to the National Division BLET website. The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are available by phone or person to discuss your case. Our lawyers work on a contingent basis, which means that you will not be charged unless you succeed.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. Unlike workers' comp which provides an amount fixed, regardless of the cause, FELA cases will be decided by juries on the basis of the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also covers medical expenses, lost wages (including future earning potential) and death benefits along with suffering and pain. Workers compensation, on contrary, provides temporary medical treatment and a set amount of money to cover long-term disabilities that is often less than the amount the worker is losing.

The FELA law is applicable to railroads operating in international or interstate commerce, and allows 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 good place to start your research. It provides links to various online resources that are available on the Villanova Law Library's website. Some of these resources require a password to access.


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

Many workers are unaware that FELA provides railroad employees with specialized protections. Many people believe that FELA is like state laws on workers' compensation, but they are not. Injured railroad workers need to be aware of the differences between the two types of claims so they can receive the most effective representation. A lawyer with experience can help the family of a railway worker who has died or injured in understanding the various types of damages they can claim. This will enable the injured person to receive the maximum recovery 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.

Read More: https://vimeo.com/708916885