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This Story Behind Federal Employers Will Haunt You Forever!
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured on the job, they face unique legal issues. Railroad employees, unlike most 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. First, the injury must be caused by their employer's negligence.

FELA vs. Workers' Compensation

While workers' compensation and FELA both attempt 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 while workers' compensation is applicable to a broad range of jobs in both the public and private sectors. FELA and workers' compensation are also different in regards to who decides fault and the way in which damages are awarded and where cases are handled.

The risk of being injured is high for people working on the railroad, which is why FELA was adopted in 1908. Congress passed the law to safeguard family members and employees in the event they were injured while working. To be eligible for compensation under FELA the worker must prove the employer violated any federal law or regulation related to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

FELA also provides compensation for suffering and pain that are not covered by workers' compensation. In contrast to claims for workers' compensation that are typically capped based on the injuries sustained, a FELA can seek compensation for noneconomic damages that include emotional stress or loss of enjoyment of living.

A distinction between FELA compensation and workers' compensation is the requirement that in order to be eligible for compensation under FELA the worker has to prove that the company was at minimum partially responsible for the injury. If a worker is determined to be the cause of their injury the amount of their damages could be reduced. For example when the worker was told to do something that was against company policy and they suffered injuries as a result the company could be held 50% responsible for their injuries.

Workers' compensation requires 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, however, in a workers' compensation case, the statute of limitations is 1 year. This is the reason it is essential to consult a seasoned FELA lawyer as soon as you can after your injury.

FELA in vs. State Law

If a railroad worker is injured while at work and is injured, they can pursue a claim under the Federal Employers Liability Act or workers compensation. In contrast to workers' compensation statutes which provide benefits regardless of fault, FELA is a statute of liability. A successful FELA claim requires proof that the railroad was negligent and that negligence was the cause of the worker's injuries.

The FELA law, which was enacted in 1908, was enacted to provide compensation for railroad workers who have been injured because of their job. Prior to the passage of this law, railroad employee accident and death rates were high. This led to the need provide railroad workers with extensive coverage that is greater than workers' compensation laws.

A FELA lawsuit must be filed in federal courts since the FELA was enacted by Congress. 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 the FELA.

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

FELA cases have influenced tort law through the establishment of precedents for issues like a railroad emotional distress, damages allocation and working conditions standards. fela attorneys claims particularly have sparked national attention to the issue of a non-delegable employer's duty to provide a safe and secure work environment for its employees. This includes off-site places like hotels that private parties use where a railroad's workers might be staying for business reasons. An experienced attorney for railroads can help an injured railroad worker receive the full benefits to which he or she is entitled under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker is injured on the job, injury while on the job or at work, they may seek workers compensation or sue their employer under FELA. Both laws offer similar benefits, including medical coverage, financial payments, and future earnings loss but they differ in important ways.

In contrast to workers' compensation which allows employees to file without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer 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 more difficult to win a FELA claim than workers' compensation claims, because evidence of negligence is required.


FELA allows railroad workers who are injured to have their cases decided by a committee of their peers, rather than the administrative authority overseeing workers' compensation claims. In addition, FELA does not put any limit on the amount of compensation that could be granted to an injured worker and workers' compensation claims limit damage awards in accordance with a set schedule.

It is essential to understand the difference between these two statutes, especially for railroad workers who aren't covered by state workers' compensation laws. They are required to pursue their cases under FELA. If you or someone you know was injured on the job as a railroad employee, it is important to talk with experienced FELA lawyers.

To know more about the distinctions between FELA and state workers compensation laws, talk with an attorney at Grossman Law Offices today. We're ready to assist you obtain the maximum benefits under FELA. Click here to go to the National Division BLET's website to find a qualified Designated legal Counsel (DLC). Grossman Law Offices represents railway workers and family members in FELA lawsuits. We provide free consultations and are available to discuss your situation by phone or in person. Our attorneys work on a contingent basis, meaning you will not be charged unless you prevail.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad employees to sue their employers for injuries. In contrast to workers' compensation, which pays an amount fixed, regardless of fault, FELA cases will be decided by juries on the basis of 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. Contrary to this workers' compensation gives only temporary medical benefits as well as a predetermined 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 that are involved in international or global trade. It allows injured employees, as well as their families to sue their employer for damages resulting directly from the company's negligence. This LibGuide is a good place to start your research. The LibGuide includes hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources may require an account password.

This LibGuide is designed to be an aid to study for Villanova law students. This guide is not intended to be legal advice. Consult an attorney should you require assistance.

Many people are unaware that FELA offers railroad workers specific protections. Many people mistakenly believe that FELA is comparable to the state laws governing workers' compensation however they aren't. Railroad workers who have been injured should be familiar with the differences between these two types of claims to receive the most effective representation. A lawyer with experience can help the family of a railroad worker who has passed away, or injured understanding the various kinds of damages they can claim. This will allow the injured person to obtain the maximum amount of compensation allowed under FELA. If you're a railway worker injured on the job, consult an organization of Designated Legal Counsel.