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Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured while on the job. Unlike most workers insurance laws, railroad employees are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

In order to prevail in a FELA claim, railroad workers must be able to prove two things. First, that the injury occurred as a result of the negligence of their employer.

FELA vs. Workers' Compensation

While workers compensation and FELA both attempt to compensate employees for illnesses or injuries that occur during work however, the two laws differ in a number of ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a variety of jobs in the private and public sectors. 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 cases are heard.

FELA was passed because the risk of injury to railroad workers is very high. Congress passed the law to protect workers and their families in the event of being injured on the job. In order to receive compensation under FELA workers must demonstrate that their employer violated the 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.

In addition to providing financial compensation for past and future loss of wages and medical treatments, FELA provides for damages which aren't covered under workers compensation, like pain and suffering. Contrary to claims under workers' compensation, which are generally limited based on the type of injury sustained, FELA is able to claim compensation for non-economic damages that include emotional stress or loss of enjoyment of living.

A difference between FELA compensation and workers compensation is that, in order to receive compensation under FELA the worker must prove that the company was at least partially responsible for the injury. If a worker is determined to be responsible for their injuries, the amount of their damages could be reduced. For example in the event that an employee was directed to perform a task that was in violation of company policy and suffered injuries in the process, the company could be held 50% accountable for their injuries.

Workers' compensation is an earlier filing time for an claim than a FELA case. In a FELA case, the statute of limitations is three years from the date of your injury while in the case of workers' compensation, the statute of limitations is 1 year. This is why it is crucial to speak with an experienced FELA lawyer immediately following your injury.

FELA Vs. State Law

If a railroad employee is injured while at work, he or her may pursue a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' compensation statutes, which provide benefits regardless of who was responsible for the injury, FELA is a liability statute. Consequently an effective FELA claim requires evidence that the railroad was negligent and that the negligence played a role in the injury to the worker.

The FELA law, which was enacted in 1908, was enacted to compensate railroad employees who have been injured because of the nature of their work. Prior to the enactment of this law, railroad worker death and injury rates were high. This led to the need to offer railroad workers a comprehensive coverage, which exceeds workers' compensation law.


In general, a FELA claim must be filed in a federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. In a recent case in Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for FELA.

Similar to workers compensation, the FELA claim compensates the injured worker with wages lost, medical expenses and pain and suffering damages. The basis for these damages is the fact that the railroad was liable for the injury or death because of its negligence or in violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. A FELA plaintiff must prove that the injury, or death was caused partially or in full by such negligence.

FELA cases improved tort law by establishing of precedents for issues such emotional distress on the railroad, damages allocation and working conditions standards. FELA claims, in particular, have brought federal attention to the obligation of a non-delegable employer to provide a safe and secure work environment for its workers. This includes off-site places such as hotels owned by private individuals in which railroad workers may be staying for business purposes. The right railroad attorney can assist an injured railroad worker get the full benefits that they are entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured on the job, he or she can file for workers' compensation benefits or sue their employer under FELA. Both laws offer similar benefits such as cash payouts and medical coverage. However, they are different in important ways.

Contrary to workers' compensation which allows workers to file without proving their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated a federal safety law which 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 workers' compensation claims as the evidence of negligence has to be provided.

FELA allows railroad workers who are injured to have their cases decided by a committee of their peers, not the administrative authority responsible for deciding workers' compensation claims. FELA does not restrict the amount of compensation an injured worker could receive, whereas workers' compensation claims do.

The difference between these two statutes is important to understand, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If you or a loved one 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 between state laws on workers' compensation and FELA. Contact fela accident attorney to speak with an attorney. We're ready to assist you receive the best benefits available 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 family members in FELA lawsuits. We offer free consultations, and are available via phone or in person to discuss your case. Our attorneys 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 allows railroad workers to sue their employer for injuries. Contrary to workers' compensation which provides an amount fixed, regardless of the cause, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses, lost earnings (including future earning capacity) as well as death benefits and suffering and pain. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often is not enough to cover the actual losses of a worker.

The FELA law applies to railroads involved in interstate or global commerce. It permits injured employees and their families, to sue their employer for damages resulting directly from the negligence of the company. This LibGuide is a good place to begin your research. The LibGuide contains links to online resources available 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 taken as legal advice. Please consult an attorney if you require additional assistance.

Many people do not realize that FELA is a distinct piece of legislation that offers special protections to railroad workers. Though many people believe that FELA and state workers' compensation laws are similar, they are very different. Railroad workers who have been injured must be aware of the differences between the two kinds of claims to ensure that they can get the best representation. A qualified lawyer can assist the family of a railroad worker who has passed away or injured understanding the various kinds of damages available to them. The person who has been injured will be entitled to the maximum amount of compensation that is allowed by 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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