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Workers Compensation Vs Federal Employers? Liability

If railroad workers suffer injuries on the job, they face unique legal challenges. In contrast to most workers insurance laws, railroad employees are able to sue their employers under federal law specifically, the Federal Employers' Liability Act (FELA).

To prevail in a FELA claim, railroad workers must prove two things. First the injury must have been caused by their employer's negligence.

FELA Vs. Workers' Compensation

Workers comp and FELA are both designed to pay employees who suffer from work-related injuries or illnesses. However they differ in few ways. Specifically, FELA is only applicable to railroad workers, while workers' comp applies to a variety of public and private jobs. FELA and workers' compensation are also different in terms of who determines fault, how damages are awarded and where cases are handled.

The risk of being injured is a high risk for workers 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 accident on the job. In order to receive compensation under FELA, the worker must demonstrate that their employer violated the 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, like pain and suffering. Unlike workers' compensation claims that are typically restricted based on the injury suffered, a FELA is able to seek compensation for noneconomic damages, such as emotional stress or loss of enjoyment living.

Another difference between FELA and workers' compensation is that in order to receive compensation under FELA workers must prove that the employer was at a minimum partially accountable for their injury. If a worker is found to be the cause of their injuries, the amount of their injuries could be reduced. For example in the event that an employee was directed to perform a task that was in violation of company policy and were injured due to the incident, the company could be held 50% responsible for their injuries.

Workers' compensation cases have shorter timeframes to submit an claim. In the case of a FELA case the statute of limitations is 3 years from the date of your injury, when in a workers' compensation claim the statute of limitations is one year. It is therefore important to contact a FELA lawyer with experience as soon as you can after your injury.

FELA in vs. State Law

If a railroad worker gets injured while working the worker can make a claim under either workers compensation or the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which provide benefits regardless of fault, FELA is a statute of liability. Therefore the successful FELA claim requires proof that the railroad was negligent and that such negligence contributed to the injury of the worker.

The FELA legislation, which was passed in 1908, was enacted to compensate railroad workers who have been injured due to the nature of their work. Prior to the enactment of this law, railroad worker accident and death rates were high. This led to the need to offer railroad workers a comprehensive coverage, which exceeds the workers' compensation laws.

In general, the majority of FELA claim must be filed in a federal court because the FELA is a federal law. FELA claims can be filed in state courts. For example the case that was recently heard in Tennessee, Mills v. fela lawsuit settlements , involved a railroad employee who claimed that his employer was liable under the FELA.

Similar to workers' compensation as well, like workers' compensation, a FELA claim provides the injured worker with compensation for lost wages and medical expenses as well as the cost of suffering. These damages are based upon the fact that the railroad was responsible for the injury or death due to its negligence or in violation of an applicable safety law, 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 whole or in part due to such 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. Particularly, FELA claims have brought national attention to the issue of an employer's non-delegable duty to ensure that their employees are safe in their workplace. This includes off-site locations like hotels that private parties use where railroad employees may stay while traveling to work. An experienced attorney for railroads can help an injured railroad worker get the full benefits to which he or she is entitled under FELA.

FELA Vs. State Workers' Compensation Laws

If workers are injured while on the job then he or she may apply for workers' compensation benefits or sue their employer under FELA. While both laws offer similar benefits, such as medical coverage, cash payments and loss of future earnings, they differ in important ways.

In contrast to 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 the federal safety laws that led to 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, as evidence of negligence is required.

FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, not the administrative authority overseeing workers compensation claims. Additionally, FELA does not put a cap on the amount of damages that can be given to injured workers and workers compensation claims limit damage awards based on a pre-determined schedule.

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

Grossman Law Offices can help you learn more about the differences in state workers' compensation laws and FELA. Contact us today to speak to an attorney. We're here to help you receive the best 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 attorneys are on a contingency basis, which means that you will not be charged until we win.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' comp which provides an amount fixed, regardless of the cause, 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 as well as lost wages (including future earning potential) as well as death benefits along with pain and suffering. In contrast, workers' compensation offers only temporary medical benefits and a fixed amount of money for long-term disability. This usually falls far short of covering the actual losses of a worker.


The FELA law applies to railroads that operate in international or interstate commerce, and permits injured employees and their families to file lawsuits against their employers to recover damages caused by the negligence of the company. This LibGuide provides a starting point for further research on this subject. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Some of these websites require a password to access.

This LibGuide was created as a study aid to Villanova Law students. The information contained in this guide should not be construed as legal advice. You should consult with an attorney if you need additional assistance.

Many people are unaware that FELA offers railroad workers specialized protections. Although many believe that FELA and state laws on workers' compensation are alike however, they are quite different. Injured railroad workers need to be aware of the differences between the two types of claims so they can receive the best representation. A qualified lawyer can assist the family of a railway worker who has died or the injured employee in understanding the various types of damages available to them. The person who has been injured will be entitled to the maximum amount of compensation permitted by FELA. If you're a railroad worker injured on the job, consult a firm of Designated Legal Counsel.