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Five Things You Don't Know About Federal Employers
Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries at work, they face unique legal challenges. Railroad employees, unlike most workers' compensation laws have the right to sue employers under federal law. This is known as the Federal Employers' Liability Act.

To prevail in a FELA case, railroad workers need to prove two things. The first is that the injury occurred as a result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both attempt to compensate workers for work-related injuries or illnesses, these two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, whereas workers' comp applies to a broad range of private and public sector jobs. FELA differs from workers compensation in that it is governed by the person who caused the accident, and how much damages are awarded, and the manner in which and when cases are heard.

The risk of injury is high for people working on the railroad This is the reason FELA was passed in 1908. Congress passed this law to safeguard workers as well as their families and themselves in the event of injury on the job. To be eligible for compensation under FELA, the worker must prove that their employer has violated any federal law or regulation that pertains 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 the past and future loss of wages and medical treatment, FELA provides for damages that aren't covered by compensation, such as pain and suffering. In contrast to claims for workers' compensation that are typically capped based on the injuries sustained, FELA can seek compensation for noneconomic damages, such as emotional distress or loss of enjoyment of living.

Another difference between FELA and workers compensation is that in order to get compensation under FELA the worker must prove that the employer was at least partially responsible for their injuries. If a worker's injury is found to be their fault their damages can be reduced. For instance when the worker was told to do something that was not in line with company policy and were hurt due to the incident, the company could be held 50 percent responsible for their injuries.

Workers' compensation requires a faster timeline for filing an claim than the FELA case. In a FELA case the statute of limitation is 3 years from the date of your injury, when in the case of workers' compensation, the statute of limitations is one year. It is therefore crucial to contact an FELA lawyer who has experience as soon as you can following your injury.

FELA vs. State Law

If a worker on the railroad is injured while working, he or she may make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which offer benefits regardless of fault, FELA is a statute of liability. Consequently fela settlements requires proof that the railroad was negligent and that negligence was responsible for the injury to the worker.

The FELA legislation, which was passed in 1908, is designed to compensate railroad workers who have suffered injuries due to the nature of their job. Prior to the passing of this law, injury and death rates among railroad employees were quite high. This resulted in the need for a comprehensive insurance that goes beyond the laws governing workers' compensation.

In general, an FELA claim must be filed in a federal court since the FELA is a federal law. FELA claims can be filed in state court. For instance the case that was recently heard in Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was responsible under the FELA.

Similar to workers' compensation, the FELA claim compensates the injured worker with lost wages as well as medical expenses, the cost of suffering. These damages are based on the fact that the railroad was accountable for the injury or death due to its negligence or a violation of a safety statute like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally, a FELA claimant must prove that the death or injury was caused in total or in part due to the negligence of the railroad.

FELA cases improved tort law through the establishment of precedents for issues such a railroad emotional distress and damages allocation as well as working conditions standards. Particularly, FELA claims have brought federal attention to the issue of an employer's duty not delegated to ensure that their employees are provided with a safe workplace. This includes off-site locations like hotels that are private, where railroad employees can stay while on business. Railroad attorneys can help the railroad worker who has been injured to receive the full amount of benefits is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured while on the job, he or she can claim workers compensation benefits or sue his employer under FELA. Both laws provide similar benefits like financial compensation and medical coverage. However they differ in important ways.

Unlike workers' compensation, which allows employees to file a claim without proving their employer was responsible, FELA requires the injured railroad worker to prove that their employer violated the federal safety laws which caused their injuries. This includes laws such as the Occupational Safety and Health Administration, 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.


Additionally, FELA cases allow injured railroad workers to take their case to an open jury trial and be ruled on by a group of peers, not the administrative authority who oversees workers compensation claims. FELA does not restrict the amount of damages an injured worker could be awarded, whereas workers' compensation claims do.

It is essential to understand the difference between these two laws, especially for railroad workers who are not covered by state laws on workers' compensation. They must be pursuing their cases under FELA. If you or someone you know was injured while working as a railroad worker it is essential to speak with experienced 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 ready to help you maximize the benefits available under FELA. Click here to visit the National Division BLET's website to find an experienced Designated Legal Counsel (DLC). The Grossman Law Offices law firm Law Offices represent railway workers and their families in FELA lawsuits. We offer free consultations, and are available via telephone or in person to discuss your case. Our lawyers work on a contingent basis, which means that you will not be charged unless you succeed.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the right to sue their employers in injuries claims. In contrast to workers' compensation which is an amount fixed, regardless of the fault, FELA cases will be determined by juries based on comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses as well as lost wages (including future earning potential), death benefits, along with suffering and pain. Contrary to this, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability, which often does not cover the true costs of a worker.

The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their families to bring lawsuits against their employers for damages resulting from the negligence of the company. This LibGuide is a good place to begin your research. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Access to some of these resources might require a password.

This LibGuide is intended as a study supplement for Villanova law students. This guide is not intended to provide legal advice. Please consult an attorney should you require assistance.

Many workers are unaware that FELA offers railroad workers specialized protections. While many believe that FELA and state workers' compensation laws are alike however, they are quite different. Railroad workers who have been injured must be aware of the distinctions between the two kinds of claims to ensure they can receive the best representation. A skilled lawyer can assist the family of a railroad worker who has died or injured in understanding the various types of damages they can claim. This will allow the injured worker to get the maximum amount of compensation allowed under FELA. If you are a railroad worker who has been injured on the job, you should contact an Designated Legal Counsel (DLC) firm for guidance.