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Workers Compensation Vs Federal Employers? fela claims

When railroad workers are injured at work, they face particular legal challenges. Railroad employees, unlike many workers' compensation laws have the right to sue employers in accordance with federal law. This is the Federal Employers' Liability Act.

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

Workers' Compensation vs. FELA

Workers compensation and FELA are both designed to pay employees who suffer from work-related illnesses or injuries. However they differ in few ways. FELA only applies to railroad workers whereas workers' compensation applies to a wide variety of jobs within the public and private sectors. FELA and workers' compensation are also different in terms of who determines fault and the way in which damages are awarded, and where and how cases are tried.

The risk of injury is high for people working on the railroad and that's why FELA was enacted in 1908. Congress passed this law to protect workers and their families as well as themselves in the event of an accident on the job. To receive compensation under FELA the worker must prove that the employer violated the federal law or regulation related to workplace safety. 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. Contrary to claims under workers' compensation, which are generally capped based on the injuries suffered, a FELA is able to seek compensation for noneconomic damages that include emotional distress or loss of enjoyment living.

A difference between FELA compensation and workers' compensation is the requirement that, in order to be eligible for compensation under FELA the worker must show that the company was at least partially responsible for the injury. If a worker is found to be the cause of their injuries, the amount of their damages could be reduced. For instance, if the worker was told to perform a task that was against company policy and they were injured due to the incident, the company could be held 50% accountable for their injuries.

Workers' compensation requires an earlier filing time for an claim than a FELA case. In the case of a FELA case the statute of limitations is three years from date of your injury while in a workers' compensation claim the statute of limitations is 1 year. It is therefore important to contact an FELA lawyer experienced in the earliest time you can after your injury.

FELA in vs. State Law

If a railroad worker is injured while working, he or her may pursue a claim under the Federal Employers Liability Act or workers' compensation. Contrary to workers' compensation laws that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. A successful FELA claim will require proof that the railroad was negligent, and that the negligence resulted in the injuries suffered by the worker.

The FELA, which was passed in 1908, was enacted to compensate railroad employees who are injured because of the nature of their job. Prior to the enactment of this law, death and injury rates among railroad employees were extremely high. This sparked the need to provide railroad employees with complete coverage, which is higher than the workers' compensation laws.

In general the majority of cases, an FELA claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state courts. For example, a recent case in Tennessee, Mills v. CSX was an employee of a railroad who claimed that his employer was liable under the FELA.

FELA claims are similar to workers compensation in that they cover the loss of 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 because of its negligence or in violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant must also show that the injury, or death was caused in part or in full by such negligence.

FELA cases have improved tort law through the establishment of precedents in areas such as emotional distress in the railroad and damages allocation as well as working conditions standards. FELA claims, in particular, have brought federal attention to an employer's obligation to provide a safe working environment for its workers. This includes off-site places like private hotels where railroad employees can stay while on business. An experienced attorney for railroads can help an injured railroad worker get the full amount of benefits to which they are entitled to under FELA.

FELA Vs. State Workers' Compensation Laws

If workers are injured while working, he or she can file for workers' compensation benefits or sue their employer under FELA. Although both laws provide similar benefits, including medical coverage, cash payments, and future earnings loss however, they differ in significant ways.

Unlike workers' compensation, which allows employees to file a claim without proving that their employer was at fault, FELA requires the injured railroad worker to prove that their employer violated a federal safety law that led to 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 must be proven.

FELA allows railroad workers who are injured to have their cases considered by a group consisting of their peers, and not the administrative authority responsible for deciding workers' compensation claims. FELA does not restrict the amount of damages an injured worker can be awarded, whereas workers' compensation claims do.

The distinction between these two statutes is crucial to know, particularly for railroad employees who are exempt from state laws on workers' compensation and have to pursue their cases through FELA. If you or someone you love was injured while working as a railroad worker, it is important to talk with a professional FELA lawyers.

Grossman Law Offices can help you learn more about the differences between state laws on workers' compensation and FELA. Contact us today to speak with a lawyer. We're ready to help you pursue the maximum benefits under FELA. Click here to go to the National Division BLET's site to find an experienced Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are available by telephone or in person to discuss your case. Our lawyers also work on a contingency basis which means that you don't pay unless we win your case.

FELA vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employer for injuries. Contrary to workers' compensation, which pays an amount fixed, regardless of fault, FELA cases will be decided by juries based upon the concept of 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) and death benefits as well as pain and suffering. In contrast workers' compensation provides only temporary medical benefits and a fixed amount of money for long-term disability, which often does not cover the actual losses of a worker.

The FELA law is applicable to railroads operating in interstate or international commerce, and permits injured employees and their family members to file an action against their employer for any damages resulting from the negligence of the company. This LibGuide is a good place to start your research. The LibGuide provides links to online resources on the Villanova Law Library website. Access to certain resources may require the use of a password.

This LibGuide is designed to be an aid to study for Villanova law students. This guide is not intended to provide legal advice. If you need more assistance, please consult an attorney.


Many workers do not realize that FELA is a unique piece of legislation that offers specialized protections to railroad employees. Many people are mistakenly thinking that FELA is comparable to state workers' compensation laws but they're not. Railroad workers injured in an accident should be aware of the differences between these two types of claims in order to obtain the best possible representation. A skilled lawyer can assist the family members of a railroad worker who has died or injured understanding the various kinds of damages they can claim. The injured person can receive the maximum amount of compensation allowed by FELA. If you're a railroad employee injured while on the job, consult an attorney from a firm that is Designated Legal Counsel.