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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they are injured while on the job. Contrary to the majority of workers’ compensation laws, railroad employees have the right to sue their employers under federal law, specifically the Federal Employers’ Liability Act (FELA).

To win a FELA claim railroad workers must be able to prove two things. First the injury must be the result of their employer’s negligence.

FELA vs. Workers’ Compensation

While workers compensation and FELA both seek to compensate workers for illnesses or injuries that occur during work However, these two laws differ in a variety of ways. Particularly, FELA is only applicable to railroad workers, while workers’ comp applies to a broad range of public and private jobs. FELA differs from workers’ compensation in that it is determined by the person who caused the accident, and how much damages are awarded and how and where cases are heard.

FELA was passed because the danger of injury for railroad workers is high. Congress passed this law to safeguard workers and their families as well as themselves in the event of an injury on the job. In order to receive compensation under FELA workers must prove that their employer violated a federal statute or regulation that relates to workplace safety. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

FELA also offers compensation for suffering and pain that are not covered by workers’ compensation. Unlike a workers’ compensation claim, which is generally capped at an amount based on injuries however, the FELA claim may seek to recover compensation for non-economic losses, such as emotional distress and loss of enjoyment life.

Another distinction between FELA and workers’ compensation is that to be eligible for compensation under FELA workers must prove that the company was at least partially responsible for their injury. If a worker is found to be responsible for their injury the amount of damages may be reduced. If a worker is injured because they were told to do something against company policy, and the company was held 50% accountable for instance, the company may be held to be 50% responsible.

Workers’ compensation requires an earlier filing time for claims than the FELA case. In the case of a FELA case, the statute of limitations is three years from date of your injury, when in a workers’ compensation case the statute of limitation is one year. It is therefore important to speak with an FELA lawyer experienced in the earliest time you can after your injury.

FELA vs. State Law

When a railroad worker is injured while working, he or she may make a claim under either workers’ compensation or the Federal Employers Liability Act (FELA). Contrary to the statutes for workers’ compensation which offer benefits regardless of fault, FELA is a statute of liability. Thus the successful FELA claim requires evidence that the railroad was negligent and that the negligence played a role in causing the worker’s injury.

The FELA was enacted in 1908 and is intended to provide compensation to railroad workers injured for injuries resulting from the nature of their work. Prior to the passage of this law, injury and death rates among railroad employees were quite high. This led to the need to offer railroad workers a complete coverage, which is higher than workers’ compensation law.


A FELA lawsuit must be filed in federal court because the FELA was passed by Congress. FELA claims can be filed in state courts. In a recent instance from Tennessee, Mills v. CSX involved a railroad employee who claimed that his employer was liable for the FELA.

Like workers compensation and workers’ compensation, the FELA claim is a way to provide the injured worker with lost wages and medical expenses as well as pain and suffering damages. These damages are based on the notion that a railroad was responsible for the death or injury because of its negligence or a violation of a safety statute, like the Locomotive Inspection Act or the Federal Safety Appliance Act. A FELA plaintiff must show that the injury, or death, was caused in part or in totality due to the negligence.

FELA cases have benefited tort law by establishing precedents for issues like railroad emotional distress and damages distribution as well as working conditions requirements. FELA claims, in particular, have brought federal attention on the issue of the obligation of a non-delegable employer to provide a safe work environment for its workers. This includes off-site facilities such as hotels owned by private individuals where a railroad’s workers might stay while traveling for business purposes. An experienced attorney for railroads can help an injured railroad worker get the full benefits to which they are entitled to under FELA.

FELA vs. State Workers’ Compensation Laws

If an employee is injured on the job and suffers an injury on the job, they can apply for workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits, including cash payouts and medical coverage. However they differ in a number of important ways.

federal employers’ liability act to workers’ compensation which permits employees to apply for compensation without proving that the employer was responsible for their injuries, FELA requires that the injured railroad worker prove that their employer 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, 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 injured railroad workers to have their cases decided by a group consisting of their peers, and not the administrative authority responsible for deciding workers compensation claims. FELA does not also limit the amount of damages an injured worker could receive, whereas workers’ compensation claims do.

The difference between these two statutes is important to be aware of, especially for railroad employees who are exempt from state workers’ compensation laws and are required to pursue their claims through FELA. If you or someone you love has been injured while working as a railroad employee, it is important to talk with experienced FELA attorneys.

Grossman Law Offices can help you learn more about the differences in state laws on workers’ compensation and FELA. Contact us today to speak with an attorney. We’re ready to assist you get the most benefits available under FELA. To locate a reputable Designated Legal Counsel (DLC) firm click here to be directed to the National Division BLET website. Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are willing to discuss your case over the telephone or in person. Our attorneys also work on a contingency basis which means that you don’t pay unless we are successful in settling your case.

FELA vs. State Workers’ Compensation Statutes

The Federal Employers’ Liability Act (FELA) allows railroad workers the ability to sue their employers in injuries claims. In contrast to workers’ compensation, which provides 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.

FELA also provides medical expenses, lost wages (including future earning potential) as well as death benefits along with pain and suffering. Workers compensation, on other hand, offers only temporary medical treatment and a predetermined amount of money to cover long-term disability, which is often far less than the amount the worker is losing.

The FELA law is applicable to railroads involved in international or global trade. It allows injured employees and their families, to sue their employers for damages directly caused by the negligence of the company. This LibGuide is a good starting point for research on this topic. The LibGuide includes links to online resources available on the Villanova Law Library website. Access to certain resources may require the use of a password.

This LibGuide is intended to serve as an aid to study for Villanova law students. The information contained in this guide should not be construed as legal advice. Please consult an attorney should you require assistance.

Many workers are unaware that FELA offers railroad workers specific protections. Many people believe that FELA is similar to state laws on workers’ compensation, but they are not. Injured railroad workers must be aware of the distinctions between these two types of claims to obtain the best possible representation. A qualified lawyer can assist the family of a railway worker who has passed away or the injured employee in understanding the various types of damages that they are entitled to. This will enable the injured person to obtain the maximum recovery allowed under FELA. If you’re a railway worker injured on the job, consult a firm of Designated Legal Counsel.