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The Reasons You'll Want To Learn More About Federal Employers
Workers Compensation Vs Federal Employers? Liability

Railroad employees face unique legal issues when they are injured while on the job. In contrast to most workers insurance laws, railroad workers are able to sue their employers under federal law, specifically the Federal Employers' Liability Act (FELA).

To win a FELA case, railroad workers need to demonstrate two things. First, the injury must be the result of their employer's negligence.

Workers' Compensation vs. FELA

While workers' compensation and FELA both seek to compensate employees for injuries or illnesses that result from their work, these two laws differ in a variety of ways. Specifically, FELA is only applicable to railroad workers, whereas workers' compensation is applicable to a broad range of private and public jobs. FELA and workers' compensation differ in regards to who decides fault and how damages are determined and the manner in which cases are tried.

The risk of being injured is a high risk for workers on railroads This is the reason FELA was passed in 1908. Congress passed this law to safeguard workers and their families as well as themselves in the event of injury on the job. In order to receive compensation under FELA workers must prove that their employer has violated any federal law or regulation relating to safety at work. Examples include violations 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. In contrast to claims for workers' compensation, which are generally restricted based on the injury suffered, a FELA can seek compensation for non-economic losses, such as emotional distress or loss of enjoyment living.

The distinction between FELA compensation and workers' compensation is the requirement that to be eligible for compensation under FELA the worker must show that the company was at minimum partially responsible for the injury. If the injury suffered by a worker is determined to be attributable to them, their damages could be reduced. For instance in the event that an employee was directed to do something that was in violation of company policy and were injured due to the incident the company could be held 50% accountable for their injuries.

Workers' compensation cases have shorter timeframes to make an claim. In a FELA claim, the statute of limitations is three years from the date your injury occurred, while in a workers' comp case, it's only one year. It is therefore important to consult an FELA lawyer experienced in the earliest time you can after the injury.

FELA Vs. State Law

If a worker on the railroad is injured on the job and suffers an injury, they can make a claim under either workers compensation or the Federal Employers Liability Act (FELA). Contrary to workers' compensation laws which offer benefits regardless of who was at fault for the injury, FELA is a liability statute. A successful FELA claim requires proof that the railroad was negligent, and that the negligence resulted in 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 the nature of their job. Prior to the passage of this law, death and injury rates among railroad employees were quite high. This sparked the need to provide railroad employees with complete coverage, which is higher than workers' compensation law.

In general the majority of cases, an FELA claim is filed in federal court since 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 employee who claimed his employer was responsible for the FELA.

FELA claims are similar to workers compensation claims in that they provide the loss of wages, medical expenses as well as pain and suffering damages. These damages are based on the fact that a railroad is responsible for the injury or death due to its negligence or in violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. In addition the FELA claimant must prove that the death or injury was caused in total or in part because of such negligence.

FELA cases have benefited tort law by establishing precedents for issues like railroad emotional distress as well as damages distribution and working condition standards. FELA claims particularly have drawn national attention on the issue of a non-delegable employer's duty to provide a safe and secure work environment for its workers. This includes off-site places such as private hotels, where railroad employees can stay while on business. An attorney for railroads can assist the railroad worker who has been injured to receive the full benefits he or she is eligible for under FELA.

FELA Vs. State Workers' Compensation Laws

If a worker is injured on the job, injury while on the job and suffers an injury on the job, they can file for workers compensation or sue their employer under FELA. While both laws offer similar benefits, such as medical coverage, cash payouts and loss of future earnings but they differ in important ways.

In contrast to workers' compensation, which allows employees claim benefits without having to prove that their employer was at fault for their injuries, FELA requires that the injured railroad worker demonstrate that their employer has did not comply with 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 harder to win a FELA claim than workers' compensation claims, because evidence of negligence is required.

In addition, FELA cases allow injured railroad workers to bring their cases to a jury trial and be ruled on by a group of their peers rather than the administrative authority who oversees workers' compensation claims. Lastly, FELA does not put any limit on the amount of damages that may be given to injured workers while workers compensation claims limit damages based on a pre-determined schedule.


It is essential to understand the distinction between these two statutes, particularly for railroad employees who aren't covered by state workers' compensation laws. They have to take their cases to FELA. If you or someone you love has been injured on the job as a railroad worker, it is crucial to speak with experienced FELA attorneys.

To learn more about the distinctions between FELA and state workers compensation laws, talk with an attorney from Grossman Law Offices today. We're here to help you obtain the maximum benefits from FELA. Click here to go to the National Division BLET's website to locate an experienced Designated Legal Counsel (DLC). The law offices of Grossman Law Offices represent railway workers and their families in FELA lawsuits. We provide free consultations and are able to discuss your case by phone or in person. Our attorneys also work on a contingency basis, which means you don't pay until we succeed in your case.

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 offers the same amount of benefits regardless of who was responsible for the accident, FELA cases are decided by juries on the basis of comparative negligence. Moreover, FELA allows for much larger damage awards.

In addition to monetary compensation, FELA provides for medical expenses as well as lost earnings (including future earning capacity) and death benefits as well as pain and suffering. Contrary to this workers' compensation provides only temporary medical benefits as well as a predetermined amount of money for long-term disability, which often does not cover the true costs of a worker.

The FELA law is applicable to railroads involved in global or interstate commerce. It allows injured employees and their families to sue their employers for damages resulting directly from the company's negligence. This LibGuide is a great place to begin your research. The LibGuide provides hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password for access.

This LibGuide is intended to serve as an educational supplement for Villanova law students. This guide is not intended to be construed as legal advice. Consult an attorney if you require assistance.

fela claims railroad employees are unaware 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 the state laws governing workers' compensation however they aren't. Railroad workers injured in an accident must be aware of the distinctions between the two kinds of claims to ensure that they receive the best representation. In the case of an injury, a qualified lawyer can help the injured employee or family members of a deceased railroad worker to understand the different types of damages available for their 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 attorney from a firm that is Designated Legal Counsel.