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Could Federal Employers Be The Key To 2023's Resolving?
Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal challenges when they suffer injuries while on the job. Railroad workers, unlike other workers' compensation laws have the right to sue employers in accordance with federal law. This is known as the Federal Employers' Liability Act.

To prevail in a FELA claim, railroad workers must be able to prove two things. The first is that the injury was the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both seek to compensate workers for work-related injuries or illnesses however, the two laws differ in a number of ways. FELA only applies to railroad workers whereas workers' compensation is applicable to a variety of jobs in the public and private sectors. FELA and workers' compensation also differ in regards to who decides the degree of fault, how damages are awarded and the manner in which cases are handled.

The risk of being injured is a high risk for workers on the railroad, which is why FELA was enacted in 1908. Congress passed the law to safeguard workers and their families in the event that they are injured on the job. To receive compensation under FELA the worker must prove that the employer violated the federal law or regulation relating to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA) and Power Brake Law.

In addition to providing financial compensation for future and past loss of wages and medical treatments, FELA provides for damages that aren't covered by workers' compensation, including suffering and pain. In contrast to claims for workers' compensation, which are generally capped based on the injuries sustained, FELA can seek compensation for noneconomic damages that include emotional stress or loss of enjoyment of living.

The main distinction between FELA compensation and workers compensation is that in order 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 determined to be responsible for their injury the amount of injuries could be reduced. For example when an employee was directed to perform a task that was in violation of company policy and were hurt in the process the company could be held 50% responsible for their injuries.

Workers' compensation cases require a shorter timeline to file claims. In the case of a FELA claim, the statute of limitations is three years from the date your injury occurred, whereas in a workers' compensation case, it's only one year. This is the reason it is essential to contact an experienced FELA lawyer as soon as you can after your injury.

FELA in vs. fela lawsuit settlements

If a railroad worker is injured while working, he or her may make a claim under the Federal Employers Liability Act or workers' compensation. In contrast to the workers' compensation laws, which provide benefits regardless of who was at fault for the injury, FELA is a liability statute. Therefore an effective FELA claim requires proof that railroad negligence was at play and that negligence played a role in the injury of the worker.

The FELA law, which was enacted in 1908, was designed to compensate railroad employees who are injured because of the nature of their job. Prior to the passage of this law, railroad employee accident and death rates were high. This led to the need for a comprehensive coverage that goes beyond the laws governing workers' compensation.

In general, an FELA claim is filed in federal court since the FELA is a federal law. However, FELA claims are sometimes filed in state courts. For instance, a recent case in Tennessee, Mills v. CSX was an employee of a railroad who claimed that his employer was responsible under the FELA.

Similar to workers compensation and workers' compensation, the FELA claim is a way to provide the injured worker with wages lost as well as medical expenses, pain and suffering damages. These damages are based on the fact that the railroad was responsible for the death or injury due to its negligence or violation an applicable safety law, such as the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally the FELA claimant must prove that the death or injury was caused in whole or in part due to the negligence of the railroad.

FELA cases have benefited tort law by setting precedent for issues such as emotional distress on the railroad as well as damages distribution and working conditions standards. FELA claims specifically have sparked national attention on the issue of the obligation of a non-delegable employer to provide a safe working environment for its workers. This includes off-site facilities such as private hotels, which railroad employees may stay while on business. Railroad attorneys can help the railroad worker who has suffered injuries to obtain the full amount of benefits she is eligible for under FELA.

FELA in opposition to. State Workers' Compensation Laws

If an employee is injured on the job and suffers an injury on the job, they can file for workers compensation benefits or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, financial payments, and future earnings loss however, they differ in significant ways.

In contrast to workers' compensation, which allows employees apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has violated a safety law of the federal government that caused their injury. This includes laws such as 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, as evidence of negligence is required.

FELA allows injured railroad workers to have their cases decided by a group consisting of their peers, and not the administrative authority responsible for deciding workers compensation claims. Additionally, FELA does not put any limit on the amount of damages that can be awarded to an injured worker while workers' compensation claims limit damages based on a pre-determined schedule.

It is important to know the distinction between these two laws, especially for railroad employees who are not covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone you love was injured while working as a railroad employee, it is essential 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 us today to speak with an attorney. We are ready to help you obtain the maximum benefits under FELA. Click here to go to the National Division BLET's website to locate a certified Designated legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations and are able to discuss your situation by telephone or in person. Our attorneys work on a contingent basis, meaning you will not be charged until we prevail.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) provides railroad workers the right to sue their employers for injuries claims. In contrast to workers compensation, which offers the same amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

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


The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their family members to file a lawsuit against their employer for any damages resulting from the negligence of the company. This LibGuide is a great place to start your research. It includes 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 to aid in the study of Villanova Law students. Nothing in this guide should be construed as legal advice. If you require more help you should consult an attorney.

Many workers do not realize that FELA is a distinct piece of legislation that offers specialized protections to railroad employees. Many people mistakenly believe that FELA is comparable to state laws on workers' compensation however they aren't. Railroad workers injured in an accident must be aware of the differences between the two types of claims in order that they receive the most effective representation. A skilled lawyer can assist the family members of a railroad worker who has passed away or injured understanding the different types damages they can claim. This will allow the injured person to obtain the maximum amount of compensation under FELA. If you are a railroad employee who has been injured on the job, contact a Designated Legal Counsel (DLC) firm for guidance.