10 Things Everybody Hates About Federal Employers Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that are injured are typically protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad employees.

To recover damages under the FELA, a victim must be able to prove that their injuries were at least partially caused by the negligence of the employer.

Workers' Compensation vs. FELA

There are differences between workers' compensation and FELA, even though both laws provide protection to employees. These differences are related to the process of submitting claims, fault evaluation and the types of damages awarded in the event of death or injury. Workers' compensation laws offer immediate aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad employer is at a minimum partially responsible for their injuries.

In addition, FELA allows workers to sue federal courts, rather than the state's workers' compensation system and provides the option of a jury trial. It also establishes specific rules for determining damage. A worker can receive up to 80% of their average weekly salary, together with medical expenses and an appropriate cost-of-living allowance. Furthermore an FELA suit could also include compensation for pain and suffering.

For a worker to succeed in a FELA case, they must show that the railroad's negligence was at least a role in the injury or death. This is a higher level than the one required for a successful workers compensation claim. This is a part of FELA’s history. In 1908, Congress passed FELA in an effort to increase security on rails by allowing workers to sue for substantial damages if they suffered injuries during their job.

As a result of over a century of FELA litigation railway companies are now able to implement safer equipment, however the trains, tracks, railroad yards and machine shops remain among the most dangerous places to work. FELA is crucial to ensure the safety of railway workers, and to correct employers' inability to protect their employees.

If you are a railway worker who has suffered an injury in the course of work it is essential to seek legal advice as soon as you can. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click here to find an approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers in the event of injuries and deaths. It was enacted in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, since they are not covered by the laws on workers' compensation like those that cover employees on land. It was closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers, and was tailored to address the unique requirements of maritime workers.

Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. In addition to this, under the Jones Act, plaintiffs are not required to prove their injuries or deaths were directly caused by an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages including past and present suffering and pain, future loss of earning capacity as well as mental distress, for example.

A claim by a seaman under the Jones Act may be brought in a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally different method than the majority of workers' compensation laws, which are usually statutory and do not afford the injured employee the right to a jury trial.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s involvement in their own injury was subject to a more strict standard of proof than FELA claims. The Court decided that the lower courts were correct in their decision that the seaman's involvement in his own accident has to be proved to have directly contributed to his or her injury.

Sorrell was awarded US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were wrong in that they told the jury that Norfolk was solely responsible for the negligence that caused his injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is an important distinction for injured workers working in high-risk fields. After an accident, they can be compensated and support their families. The FELA was enacted in 1908 to acknowledge the inherent dangers associated with the work and to establish uniform liability standards for companies who operate railroads.


FELA requires railroads to provide a safe working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from trains and cars to tracks, switches, and other safety gear. In order for an injured worker to succeed in a claim, they must prove that their employer acted in breach of their duty of care by failing to provide a reasonably safe working environment and that the injury was the direct result of this failure.

Some employees may find it difficult to comply with this requirement, especially when a piece of equipment that is defective is responsible for causing an accident. An experienced lawyer who has experience with FELA claims is a great resource. A lawyer who is familiar with the safety requirements for railroaders and the regulations that govern these requirements, can strengthen the legal case of a worker by providing a solid legal base.

Some railroad laws that may help a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as "railway statutes" and require that railroad corporations, and in some instances their agents (like managers, supervisors or company executives) must comply with these rules in order to ensure the safety of their employees. The violation of these statutes could be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim of injury under the FELA.

If an automatic coupler, grab iron or other device for railroads is not installed properly or is damaged, this is a common instance of a railroad law violation. This is an obvious violation of the Safety Appliance Act, and should an employee be injured because of it the employee may be entitled to compensation. The law stipulates that the claim of the plaintiff may be reduced if they contributed in any way to the injury (even if it is minimal).

FELA vs. Boiler Inspection Act

FELA is a series of federal laws that permit railroad employees and their families to claim significant damages for injuries they that they sustain during work. This includes compensation for loss of earnings and benefits, including medical expenses as well as disability benefits and funeral expenses. In fela lawyer in the event that an injury causes permanent impairment or death, a claim could be filed for punitive damages. This is intended to punish the railroad for negligent acts and deter other railroads from engaging in similar behavior.

Congress adopted FELA in response to the public's anger in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA, there was no legal basis for railroad employees to sue their employers if they were injured at work. Railroad workers injured and their families were frequently left without financial support during the time that they were unable to work because of their injuries or the negligence of the railroad.

Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The act abolished defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative fault. This means that a railroad worker's share of the responsibility for an accident is determined by comparing his actions to those of his coworkers. The law allows for a trial by jury.

If a railroad carrier violates one of the federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad is not required to prove negligence or that it contributed to an accident. It is also possible to bring a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to diesel exhaust fumes.

If you have been injured while working as a railroad employee, you should contact an experienced railroad injury lawyer immediately. A good lawyer can help you file your claim and obtain the most benefits for the time you are unable to work due to the injury.