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

When railroad workers are injured on the job, they face particular legal challenges. Unlike most workers' compensation 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 must establish two things. The first is that the injury occurred as a result of their employer's negligence.

FELA Vs. Workers' Compensation

Workers compensation and FELA are both designed to pay employees who are afflicted by work-related illnesses or injuries. However, they differ in a couple of ways. FELA is only applicable to railroad workers while workers' compensation applies to a broad range of jobs within the public and private sectors. FELA and workers' compensation are also different in the way they determine the fault and the way in which damages are awarded and the manner in which cases are handled.

FELA was enacted because the risk of injury to railroad workers is high. Congress passed this law to safeguard workers and their families as well as themselves in the event of an injury while working. In order to receive compensation under FELA the worker must prove that their employer violated the federal law or regulation that relates to safety in the workplace. fela railroad accident lawyer include violations 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 that aren't covered by' compensation, including pain and suffering. Unlike a workers' compensation claim, which is generally restricted to a maximum amount based on the severity of injuries, the FELA claim may seek compensation for non-economic losses, such as emotional distress and loss of enjoyment of life.

The distinction between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker has to prove that the company was at the very least partially responsible for the injury. If the injury suffered by a worker is determined to be attributable to them their damages can be reduced. For instance in the event that an employee was directed to do something in violation of company policy and were hurt as a result, the company could be held 50% responsible for their injuries.

Workers' compensation has an earlier filing time for an claim than a FELA case. In a FELA claim, the statute of limitations is three years from the date the injury occurred, but in a workers' comp case, it's one year. It is therefore important to speak with an FELA lawyer who has experience as soon as you can after your injury.

FELA vs. State Law

If a railroad worker is injured at work, he or her may make a claim under the Federal Employers Liability Act or workers compensation. In contrast to the workers' compensation laws that provide benefits regardless of who is responsible for the injury, FELA is a liability statute. Consequently, a successful FELA claim requires evidence that railroad negligence was at play and that negligence contributed to causing the worker's injury.

The FELA was passed in 1908 and is intended to provide compensation to railroad workers injured for injuries sustained due to the nature of their work. Prior to the passage of this law, the death and injury rates among railroad workers were extremely high. This resulted in the need for comprehensive coverage that goes beyond workers' compensation laws.


A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be filed in state court. 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, the FELA claim provides the injured worker with lost wages, medical expenses and damages for pain and suffering. These damages are based on the fact that a railroad is responsible for the death or injury because of its negligence or in violation of a safety law, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA claimant also has to prove that the injury or death was caused in part or in full by such negligence.

FELA cases improved tort law through the establishment of precedents in areas such as emotional distress on the railroad and damages allocation as well as working conditions standards. Particularly, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that its employees are protected in their workplace. This includes off-site places like private hotels where railroad workers may stay while on business. An attorney for railroads can assist a railroad worker who has been injured receive the full amount of benefits is entitled to under FELA.

FELA vs. State Workers' Compensation Laws

If a worker is injured while working, he or she can claim workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including cash payouts and medical coverage. However they differ in some important ways.

Unlike workers' comp, which allows employees claim benefits without having to prove 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 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.

FELA allows railroad workers who are injured to have their cases considered by a panel of their peers, and not the administrative authority responsible for deciding workers compensation claims. Additionally, FELA does not put any limit on the amount of damages that can be granted to an injured worker and workers' compensation claims limit damages based on a pre-determined schedule.

The distinction between these two statutes is crucial to know, particularly for railroad employees who are not covered by state workers' compensation laws and are required to pursue their claims through FELA. If you or someone you know was injured on the job as a railroad worker it is important to talk with a professional FELA lawyers.

To know more about the distinctions between FELA and state workers compensation laws, speak with an attorney at Grossman Law Offices today. We are prepared to help you maximize the benefits under FELA. To find a qualified Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and family members in FELA lawsuits. We offer free consultations and are available to discuss your situation by telephone or in person. Our lawyers are on a contingency basis, meaning that you will not be charged until we succeed.

FELA against. State Workers' Compensation Statutes

The Federal Employers' Liability Act allows railroad workers to sue their employer for injuries. Unlike workers' comp which is a fixed amount regardless of the cause, FELA cases will be decided by juries on the basis 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 suffering and pain. In contrast workers' compensation gives only temporary medical benefits as well as a predetermined amount of money for long-term disability. This usually is not enough to cover a worker's true losses.

The FELA law applies to railroads that operate in interstate or international commerce, and it allows injured employees and their family members to file lawsuits against their employers for damages resulting from the company's negligence. This LibGuide is a good starting point to begin your research. It also provides links to a variety of online resources that are available on the Villanova Law Library's website. Some of these resources require a password for access.

This LibGuide was designed as a study aid for Villanova Law students. The information contained in this guide should not be construed as legal advice. Please consult an attorney if you need assistance.

Many workers do not realize that FELA is a distinct piece of legislation that offers specific protections to railroad employees. Though many people believe that FELA and state workers' compensation laws are alike but they are vastly different. Railroad workers injured in an accident must be aware of the differences between the two kinds of claims to ensure that they can get the best representation. In the event of an injury, a knowledgeable lawyer can help the injured employee or the family members of a deceased railroad worker to comprehend the various types of damages available for their claim. This will allow the injured person to receive the maximum amount of compensation under FELA. If you are a railroad worker who has been hurt on the job, contact an Designated Legal Counsel (DLC) firm for guidance.