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Five Things You're Not Sure About About Federal Employers
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured on the job, they face particular legal challenges. Unlike most workers' compensation laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

To prevail in a FELA case railroad workers must establish two things. First, they must prove that the injury was the result of negligence by their employer.

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to provide compensation to employees who suffer from work-related injuries or illnesses. However, they differ in a couple of ways. Specifically, FELA is only applicable to railroad workers, while workers' compensation applies to a variety of public and private jobs. FELA and workers' compensation are also different in regards to who decides the fault and how damages are determined, and where and how cases are decided.

FELA was enacted because the risk of injury for railroad workers is high. Congress passed the law to safeguard the families of workers in the event of being injured on the job. In order to be compensated under FELA the worker must prove the employer violated a federal law or regulation related 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, which are not covered by workers' compensation. Unlike a workers' compensation claim, which is generally restricted to a maximum amount based on injuries, an FELA claim may seek to recover compensation for non-economic damages, such as emotional distress and loss of enjoyment life.


Another difference between FELA and workers' compensation is that in order to receive compensation under FELA the worker must show that the company was at a minimum partially responsible for their injuries. If a worker is determined to be the cause of their injuries, the amount of their damages may be reduced. For instance when a worker was instructed to do something that was against company policy and they suffered injuries as a result the company could be held 50 percent accountable for their injuries.

Workers' compensation has an earlier timeframe for filing a claim than a FELA case. In a FELA claim, the statute of limitations is three years from the time your injury occurred, whereas in a workers' comp case, it's only one year. It is therefore crucial 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 while working the worker can submit a claim for compensation under either workers' compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim will require evidence that the railroad was negligent and that negligence was the cause of the injuries suffered by the worker.

The FELA was enacted in 1908 and is intended to compensate railroad workers injured for injuries resulting from the nature of their work. Before the enactment this law, railroad worker death and injury rates were high. This led to the need for a comprehensive insurance that goes beyond workers' compensation laws.

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

Similar to workers' compensation, like workers' compensation, a FELA claim provides the injured worker with wages lost, medical expenses and the cost of suffering. These damages are based on the fact that a railroad was liable for the injury or death because of its negligence or violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition, a FELA plaintiff must prove that the death or injury was caused in total or in part by the negligence.

FELA cases improved tort law through the creation of precedents in areas such as emotional distress in the railroad, damages allocation and working conditions standards. FELA claims, in particular have sparked national attention to a non-delegable employer's duty to provide a safe working environment for its workers. This includes off-site places such as private hotels where a railroad's workers might be staying to work. Railroad attorneys can help the railroad worker who has been injured to receive the full benefits he or is entitled to under FELA.

FELA in opposition to. State Workers' Compensation Laws

If a worker sustains an injury on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. Both laws offer similar benefits, including financial compensation and medical coverage. However they differ in important ways.

Unlike workers' compensation, which allows employees to file without proving that their employer was responsible, FELA requires the injured railroad worker to prove their employer violated the federal safety laws which 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. This makes it more difficult to win a FELA claim than workers' compensation claims since proof of negligence is required.

FELA allows railroad workers who are injured to have their cases decided by a panel of their peers, not the authority that oversees administrative workers' compensation claims. Lastly, fela attorneys does not put a cap on the amount of compensation that could be awarded to an injured worker while workers' compensation claims limit damage awards in accordance with a set schedule.

It is essential to understand the distinction between these two statutes, particularly for railroad workers who aren't covered by state laws on workers' compensation. They are required to take their cases to FELA. If you or someone you love was injured as an employee of a railroad it is essential to speak with a professional FELA lawyers.

To know more about the differences between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We're prepared to assist you maximize the benefits that are available under FELA. Click here to go to 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 offer no-cost consultations, and are available via phone or person to discuss your case. Our lawyers are 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) gives railroad workers the right to sue their employers for injury claims. Contrary to workers' compensation, which pays an amount fixed, regardless of fault, FELA cases will be determined by juries based on the concept of comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses and lost wages (including future earning potential) and death benefits along with suffering and pain. Contrary to this workers' compensation gives only temporary medical benefits and a fixed amount of money for long-term disability, which usually falls far short of covering a worker's true losses.

The FELA law is applicable to railroads that participate in global or interstate commerce. It allows injured employees, as well as their families to sue their employer for damages directly resulting from the company's negligence. This LibGuide is a good place to begin your research. The LibGuide includes links to online resources available on the Villanova Law Library website. Access to some of these resources may require an account password.

This LibGuide was designed to aid in the study of Villanova Law students. This guide is not intended to be legal advice. If you need more assistance you should consult an attorney.

Many workers are unaware that FELA is a distinct piece of legislation that provides specialized protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are the same but they are vastly different. Injured railroad workers should be aware of the distinctions between these two types of claims to 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 various kinds of damages they can claim. The person who has been injured will be entitled to the maximum amount of compensation allowed by FELA. If you're a railroad employee injured while on the job, consult an organization of Designated Legal Counsel.