17 Signs You Are Working With Federal Employers Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that suffer injuries are usually protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers.

To be able to claim damages under the FELA, a victim must be able to prove that their injuries were at least in part caused due to the negligence of their employer.

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that provide protection to employees, there are a few differences between them. These differences relate to the claims process, fault evaluation and the types of damages awarded for death or injury. Workers' compensation laws offer immediate relief to injured workers regardless of who is at fault for the accident. FELA, on the other hand requires claimants to prove that their railroad employer was at least partly responsible for their injuries.

Additionally, FELA allows workers to sue federal courts instead of the state's worker compensation system. It also provides the option of a jury trial. It also establishes specific guidelines for the determination of damages. For example an employee can receive compensation of up to 80 percent of their average weekly earnings, as well as medical expenses and a reasonable cost of living allowance. A FELA lawsuit may also provide compensation for discomfort and pain.

In order to win a FELA claim the worker must show that the railroad's negligence was at the very least a factor in the resulting injury or death. This is a higher requirement than what is required for a successful workers compensation claim. This requirement is a result of the history of FELA. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to seek damages.


As a result of more than 100 years of FELA litigation railway companies today regularly adopt and deploy safer equipment, however the railroad tracks, trains, yards and machine shops are one of the most hazardous places to work. This is what makes FELA important for ensuring the safety of all railway workers as well as addressing the failures of employers to safeguard their employees.

If you are a railway worker who was injured on the job it is imperative that you seek legal advice as soon as possible. Contacting a BLET-approved legal counsel (DLC) firm is the best way to begin. fela claims railroad employees on this link to find a DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal law that permits seafarers to sue their employer for any injuries or deaths they suffer on the job. The Jones Act was enacted in 1920 as a way to protect sailors who risk their lives on the high seas or in other navigable waters. They are not covered by workers' compensation laws unlike land-based employees. It was closely modeled on 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 which restrict the amount of compensation for negligence to the maximum amount of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers to recover unspecified damages like 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 either a federal or state court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a fundamentally different method than the majority of workers' compensation laws which are generally statute-based and do not grant the injured employee the right to a trial by jury.

In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or their own injury was subject to a more rigorous standard of proof than the standard of evidence in FELA cases. The Court ruled that the lower courts were right in determining that a seaman's contribution to his own accident has to be proved to have directly contributed to his or her injury.

Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were incorrect in that they instructed the jury to determine Norfolk responsible only for any negligence that directly contributed to the injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be exactly the same.

Safety Appliance Act vs. FELA

Unlike workers' compensation laws in contrast, the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that leads to injuries. This is an important distinction for injured workers in high-risk sectors. After an accident, they will be compensated and provide for their families. The FELA that was enacted in 1908 was a recognition of the inherent risks of the job. It also established standardized liability requirements.

FELA requires railroads to provide a safe working environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to switches, tracks, and other safety equipment. To allow an injured worker to prevail in a claim they must show that their employer violated their duty of care by failing to provide a reasonably safe work environment, and that the injury was directly caused by the inability.

This rule can be difficult to meet for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. A lawyer with experience in FELA claims can be of great assistance. A lawyer who is knowledgeable of the specific safety requirements for railroaders and the regulations that govern them can enhance a worker's case by providing a solid legal foundation.

Certain railroad laws that could strengthen a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, also known as "railway statues," require that rail corporations and, in some cases their agents (such as supervisors, managers or company executives), comply with these rules to ensure the safety their employees. Violating these statutes can constitute negligence per se, meaning that a violation of any one of these rules is sufficient to support an injury claim under FELA.

A typical 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 due to this, they could be entitled to compensation. However, the law stipulates that if the plaintiff was a contributor to the injury in some way (even if minimal), their claim may be reduced.

Boiler Inspection Act vs. FELA

FELA is a set of federal laws which allows railroad employees and their families to claim significant damages if they get injured on the job. This includes the compensation for lost earnings and benefits such as disability payments, medical expenses and funeral expenses. Additionally when an injury causes permanent impairment or death, a claim may be made for punitive damages. This is to penalize the railroad for negligent acts and discourage other railroads from engaging in similar behavior.

Congress passed FELA in 1908 in response to public outrage at the alarming number of fatalities and accidents on railroads. Prior to FELA there was no legal avenue for railroad workers to sue their employers when they suffered injuries in the course of their work. Injured railroad workers and their families were often denied financial support during the period they were unable to work due to injuries or negligence on the part of the railroad.

Railroad workers who are injured can bring claims for damages under FELA in either federal or state court. The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk by establishing the concept of the concept of comparative fault. The act determines the railroad worker's share of responsibility for an accident by comparing their actions with the actions of their coworkers. The law also allows for an open trial before a jury.

If a railroad company violates one of the federal railroad safety laws such as The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. The railroad does not need to prove that it was negligent or the fact that it caused an accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines.

If you are a railroad worker who has been injured and you need to immediately seek out an experienced lawyer for railroad accidents. A good lawyer can assist you in filing your claim and obtaining the highest amount of benefits during the time that you aren't working due to your injury.