Five People You Must Know In The Federal Employers Industry Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that are injured are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for instance are covered under the Federal Employers' Liability Act (FELA).

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

FELA against. Workers' Compensation

While both workers compensation and FELA are laws that offer protections to employees, there are significant differences between the two. These distinctions are related to claims processes, fault evaluation and the types of damages awarded for injury or death. Workers' compensation law gives rapid assistance to injured workers regardless of who is responsible for the accident. FELA, however demands that claimants prove that their railroad company was at least partially responsible for their injuries.

Additionally, FELA allows workers to sue federal courts, instead of the state's worker compensation system. It also provides a jury trial. It also establishes specific rules for determining damages. For instance an employee can receive an amount of compensation that is up to 80 percent of their average weekly salary, in addition to medical expenses and a reasonable cost of living allowance. Additionally an FELA suit could include compensation for pain and suffering.

In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was an element in the cause of injury or death. This is a much higher standard than what is required to be successful in a claim under workers compensation. This requirement is a product of 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 if they suffered injuries during their job.


As a result of over a century of FELA litigation, railway companies now regularly implement safer equipment, but the railway tracks, trains, yards and machine shops are some of 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.

It is crucial to seek legal advice as soon as you can if you are a railway worker who has been injured at work. The best way to begin is by contacting a BLET-approved Legal Counsel (DLC). Click here to find a DLC firm in your region.

fela settlements . Jones Act

The Jones Act is federal law that allows seafarers to sue their employer for any injuries or deaths they suffer during work. The law was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters as they are not covered by workers' compensation laws like those for employees on land. It was modeled after the Federal Employers Liability Act (FELA), which protects railroad employees. It was also crafted to accommodate the needs of maritime workers.

Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum amount of an injured worker's lost wages, Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. The Jones Act does not require plaintiffs to prove that their employer's negligence caused their injury or death. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified, such as past and present suffering and pain, future loss of earning capacity, mental distress, etc.

A seaman's claim under the Jones Act may be brought in a federal or state court. Plaintiffs in a lawsuit brought under the Jones Act have the right to jury trial. This is a fundamentally different method than the majority of workers' compensation laws which are typically 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 determine whether the contribution of a seaman to his or his own injury was subject to a higher standard of proof than the standard for proof in FELA cases. The Court ruled the lower courts were correct when they determined the seaman must prove his role in the accident directly caused his injury.

Sorrell was awarded US$1.5 million in compensation for his injuries. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were not correct in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be exactly the same.

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 who work in high-risk industries. This enables them to receive compensation for their injuries as well as support their families following an accident. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to set up standard liability requirements for companies who operate railroads.

FELA requires railroads to provide a safe work environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. 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 not providing a safe working environment and that the injury occurred as a direct result of this inability.

Some workers may have difficulty to comply with this requirement, particularly if a defective piece equipment can be the cause of an accident. This is why having a lawyer who has expertise in FELA cases can help. A lawyer who understands the safety requirements for railroaders, and the regulations that govern these requirements can help strengthen a worker's legal case by providing a solid legal base.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen workers' FELA claim. These laws are referred to as "railway statutes" and require that railroad corporations, and in certain instances, their agents (like managers, supervisors or executives of companies) must follow these rules to protect their employees. The violation of these statutes could be considered negligence in and of themselves, which means that a violation is sufficient to support a claim of injury under the FELA.

If an automatic coupler, grab iron, or any another railroad device isn't installed correctly or is damaged it is a typical instance of a lawful railroad violation. This is clearly a violation of the Safety Appliance Act, and should an employee be injured due to the incident, they may be entitled to compensation. The law provides that the claim of the plaintiff could be reduced when they contributed in any way to the injury (even when the injury is not severe).

FELA vs. Boiler Inspection Act

FELA is a series of federal laws that permit railroad workers and their families to claim substantial damages for injuries that they sustain while working. This includes compensation for lost earnings and benefits such as medical expenses, disability payments and funeral costs. If an injury results in permanent impairment or death, punitive damages can also be sought. This is in order to punish the railroad and deter other railroads from engaging in similar conduct.

Congress adopted FELA in response to the public's outrage in 1908 about the alarming number of deaths 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 left without adequate financial aid during the period they were unable to work due to their injury or negligence by the railroad.

Under the FELA, railroad workers injured are able to file a claim for damages in federal or state courts. The law eliminated defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system of comparative fault. The law determines the railroad worker's share of responsibility for an accident by comparing their actions to the actions of their coworkers. The law also allows for the possibility of a jury trial.

If a railroad company violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not have 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 due to exposure to diesel exhaust fumes.

If you've been injured on the job as a railroad worker you should contact an experienced railroad injury lawyer right away. A reputable attorney will be able to assist you in filing your claim and getting the highest amount of benefits for the time you are not working due to the injury.