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Ten Common Misconceptions About Federal Employers That Aren't Always True
Workers Compensation Vs Federal Employers? Liability

When railroad workers are injured on the job, they face unique legal issues. Railroad workers, unlike other 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 case railroad workers must establish two things. First, that the injury was the result of negligence by their employer.

Workers' Compensation vs. FELA

Workers comp and FELA are both designed to compensate employees who are afflicted by work-related injuries or illnesses. However, they differ in a few ways. FELA is only applicable to railroad workers, whereas workers' compensation applies to a wide variety of jobs in both the public and private sectors. FELA differs from workers' compensation in that it is decided by the person who caused the accident, what damages are awarded and how and where the cases are decided.

FELA was passed due to the risk of injury for railroad workers is extremely high. Congress passed the law to safeguard the families of workers in the event that they are injured while on the job. To be eligible for compensation under FELA the worker must show the employer violated a federal law or regulation relating to workplace safety. Examples include a violation of the Safety Appliance Act, Boiler Inspection Act, and Power Brake Law.

In addition to providing financial compensation for future and past loss of income and medical treatment, FELA provides for damages which aren't covered under workers compensation, such as pain and suffering. Unlike a workers' compensation claim, which is usually limited to a certain amount based on the severity of injuries and other injuries, an FELA claim may seek compensation for non-economic damages such as emotional distress and loss of enjoyment of life.

A difference between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker must show that the employer was at minimum partially responsible for the injury. If a worker is determined to be responsible for their injuries, the amount of their injuries could be reduced. For instance, if a worker was instructed to do something that was against company policy and they were hurt as a result, the company could be held 50% responsible for their injuries.

Workers' compensation cases require shorter timeframes to submit a claim. In the case of a FELA case the statute of limitation is three years from the date of your injury, when in a workers' compensation claim, the statute of limitations is 1 year. This is why it is important to speak with an experienced FELA lawyer as soon as possible after your injury.

FELA Vs. State Law

If a railroad worker gets injured on the job, he or she may file a claim under either workers' compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide benefits regardless of the fault of the injured party, FELA is a statute of liability. A successful FELA claim will require proof that the railroad was negligent, and that negligence was the cause of injuries to the worker.

The FELA was enacted in 1908 and is intended to compensate injured railroad workers for injuries sustained due to the nature of their work. Prior to the passage of this law, death and injury rates among railroad employees were very high. This led to the need for a comprehensive insurance that went beyond the workers' compensation laws.

In general the majority of cases, an FELA claim is filed in federal court because the FELA is a federal law. FELA claims can be filed in state court. In a recent case from Tennessee, Mills v. CSX involved a railroad worker who claimed his employer was liable for FELA.

Like workers' compensation as well, like workers' compensation, a FELA claim provides the injured worker with wages lost as well as medical expenses, pain and suffering damages. These damages are based upon the fact that the railroad was liable for the death or injury because of its negligence or in violation of an applicable safety law, like the Locomotive Inspection Act and the Federal Safety Appliance Act. Additionally to that, a FELA claimant must prove that the injury or death was a result of the whole or in part by the negligence.

FELA cases have helped improve tort law by creating precedents for issues like emotional distress on the railroad, damages distribution and working conditions requirements. In particular, FELA claims have brought federal attention to the issue of the employer's non-delegable obligation to ensure that its employees are provided with a safe workplace. This includes off-site locations such as private hotels where railroad employees may stay while traveling for business reasons. A good railroad attorney can assist an injured railroad worker obtain the full benefits to which he or she is entitled under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker suffers an injury while working or at work, they may seek workers compensation or sue their employer under FELA. While both laws offer similar benefits, including medical coverage, financial payouts and loss of future earnings, they differ in important ways.

In contrast to workers' compensation which allows employees to apply for compensation without proving that their 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 led to their injury. This includes laws like the Occupational Safety and Health Administration 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 injured by a crash to have their cases decided by a group consisting of their peers, rather than the administrative authority overseeing workers' compensation claims. Additionally, FELA does not put an upper limit on the amount of compensation that could be granted to an injured worker and workers' compensation claims limit damage awards based on a pre-determined schedule.

fela railroad settlements between these two statutes is crucial to understand, especially for railroad employees who are not covered by state workers' compensation laws and must pursue their cases through FELA. If you or someone you love was injured as a railroad employee it is crucial that you speak with experienced FELA lawyers.

Grossman Law Offices can help you understand the differences in state workers' compensation laws and FELA. Contact us today to speak with a lawyer. We're ready to help you get the most benefits available under FELA. Click here to visit the National Division BLET's website to locate a certified 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 phone or 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) gives railroad workers the ability to sue their employers in injuries claims. In contrast to workers' compensation which provides a fixed amount 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 monetary compensation, FELA provides for medical expenses and lost earnings (including future earning capacity), death benefits, and suffering and pain. Workers compensation, on contrary, provides only temporary medical care and a predetermined amount of money to cover long-term disabilities which is usually less than the amount the worker is losing.

The FELA law applies to railroads operating in interstate or international commerce, and it allows injured employees and their family members to file an action against their employer for damages resulting from the company's negligence. This LibGuide is a good starting point to start your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password to access.

This LibGuide was created as a study aid for Villanova Law students. This guide is not intended to be legal advice. If you require further assistance you should consult an attorney.

Many people are unaware that FELA offers railroad workers specific protections. Although many believe that FELA and state laws on workers' compensation are similar however, they are quite different. Railroad workers who have been injured must be aware of the distinctions between the two types of claims so that they receive the best representation. A skilled lawyer can assist the family of a railway worker who has passed away, or injured in understanding the different types damages they can claim. This will allow the injured person to receive the maximum recovery allowed under FELA. If you are a railroad worker who was injured on the job, you should contact an Designated Legal Counsel (DLC) firm for advice.