5 Laws Anybody Working In Federal Employers Should Be Aware Of Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk industries are injured, they are usually protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).

In order to recover damages under FELA, a worker must prove their injury was caused at least in part by negligence on the part of the employer.

fela claims against. Workers' Compensation

While both workers compensation and FELA are laws that offer protections to employees, there are a few differences between them. These differences are related to the claims process, fault evaluation and the types of damages that are awarded for injury or death. Workers' compensation laws provide immediate relief to injured workers, regardless of who was responsible for the accident. FELA requires that claimants show that their railroad's employer is at a minimum partially responsible for their injuries.

FELA also allows workers to sue federal courts instead of the state workers' compensation system, and allows for a trial by jury. It also sets specific guidelines for determining damages. A worker may receive up to 80% their average weekly wage plus medical expenses, as well as an appropriate cost-of-living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.

In order for a worker to be successful 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 far higher standard than what is required to be successful in a claim under workers compensation. This is a part of the FELA's history. In 1908, Congress passed FELA in order to improve the safety of rail lines by permitting workers to sue for large damages when they were injured in the course of their work.

Despite the fact that railroad companies have been suing for more than 100 years, they continue to use dangerous equipment and tracks for trains, as well as in their machines shops, yards and other work areas. This makes FELA important for ensuring the safety of all railway workers and addressing the failures of employers to safeguard their employees.

It is crucial to seek legal advice as quickly as you can when you are railway worker who has been injured while at work. Contacting a BLET designated legal counsel (DLC) firm is the best way to begin. Click this link to find a BLET-approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. The Jones Act was passed in 1920 as a way to protect sailors who put their lives at risk on the high seas or other navigable waters. They are not covered by workers' compensation laws, unlike employees who work on land. It was closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers and was designed to meet the unique needs of maritime employees.

The Jones Act, unlike workers' compensation laws that limit the amount of negligence recovery to a maximum of lost wages for an injured worker is a law that allows unlimited liability in maritime cases involving negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by the negligence of an employer's actions. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past pain and suffering in the past and future, loss of earnings capacity, and mental distress.

A claim against a seaman under the Jones Act can be brought in the state court or in a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a fundamentally different approach than most workers' compensation laws, which are typically statutory and do not afford injured workers the right to a jury trial.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's contribution to their own injuries was subject to a stricter standard of proof than FELA claims. The Court ruled that the lower courts were right when they determined that the seaman's involvement in his own accident has to be shown to have directly contributed to the injury.

Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were not correct and they had instructed the jury that Norfolk was solely responsible for the negligence that caused his injury. Norfolk claimed that the standard of causation should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

Unlike workers' compensation laws, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that led to injuries. This is a significant distinction for injured workers in high-risk industries. After an accident, they can be compensated and support their families. The FELA that was enacted in 1908, was an acknowledgement of the inherent hazards of the job. It also set up uniform liability standards.

FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from cars and trains to tracks, switches, and other safety equipment. To be successful an injured worker must prove that their employer did not fulfill their obligation of care by not providing them with a safe working environment, and that their injury was the direct result of this failure.

Some employees may find it difficult to meet this requirement, particularly in the event that a defective piece of equipment is involved in causing an accident. An attorney with experience in FELA claims can be a great help. A lawyer who is knowledgeable of the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker by providing a solid legal basis.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen workers' FELA claim. These laws are referred to as "railway statutes" and mandate that rail corporations, and in certain cases, their agents (like managers, supervisors or company executives) must follow these rules in order to ensure the safety of their employees. Violating these statutes can constitute negligence per se, meaning that a violation of one of these rules is enough to support an injury claim under FELA.

A common instance of a railroad statute violation is when an automatic coupler or grab iron is not correctly installed or is defective. If an employee is injured as a result of this, they could be entitled compensation. The law states that the claims of the plaintiff can be reduced if they contributed in any way to the injury (even if it is minimal).

Boiler Inspection Act vs. FELA

FELA is a series of federal laws that allow railroad workers and their families to recover significant damages for injuries they that they sustain on the job. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. If an injury causes permanent impairment or death, punitive damages can also be sought. This is to punish the railroad and deter other railroads from engaging similar actions.

Congress approved FELA as a 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 mechanism for railroad workers to sue their employers when they suffered injuries at work. Railroad workers injured in the line of duty, and their families, were often left without financial support during the period they were unable to work due to accident or negligence of the railroad.


Railroad workers who are injured can bring claims for damages under FELA in either federal or state court. The act has replaced defenses like the Fellow Servant Doctrine, or the assumption of risk with the concept of comparative fault. The act determines the railroad worker's portion of the responsibility for an accident by comparing their actions with those of their coworkers. The law permits an investigation by jury.

If a railroad operator violates any of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. It is not necessary for the railroad to prove that it was negligent or that it was a contributory cause of an accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines.

If you are a railroad worker who has been injured, you should immediately contact an experienced lawyer for railroad accidents. The right lawyer can assist you in filing your claim and getting the highest amount of benefits for the time you are not working due to your injury.