Be On The Lookout For: How Federal Employers Is Taking Over And What We Can Do About It Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk sectors are injured, they are generally protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad workers.

To recover damages under the FELA the plaintiff must demonstrate that their injury was at least partially caused by the negligence of the employer.

FELA Vs. Workers' Compensation

While both workers' compensation and FELA are laws that provide protection to employees, there are significant differences between the two. These distinctions are related to the claims process, fault assessment and the kinds of damages awarded in instances of death or injury. Workers' compensation law provides rapid relief to injured workers regardless of who was responsible for the accident. FELA requires that claimants demonstrate that their railroad's employer is at the very least partly responsible for their injuries.

In addition, FELA allows workers to sue federal courts instead of the state's worker compensation system. It also allows a jury trial. It also sets specific rules for the determination of damages. A worker may receive up to 80% their average weekly wage as well as medical expenses, and a reasonable cost-of-living benefit. A FELA lawsuit may also include compensation for pain and discomfort.

For a worker to succeed in a FELA case, they must show that the railroad's negligence played at least a part in the resulting injury or death. This is a far higher standard than that required for a successful claim under workers compensation. This is a consequence of the history of FELA. In 1908, Congress passed FELA in an effort to increase safety on the rails by permitting workers to sue for large damages if they suffered injuries in the course of their employment.

As a result of over a century of FELA litigation, railway companies now regularly implement safer equipment, but railroad tracks, trains, yards and machine shops are one of the most hazardous workplaces. This is what makes FELA crucial for ensuring safety of all railway workers and taking action against employers' inability to protect their employees.

If you are a railway employee who was injured on the job it is imperative to seek legal advice as quickly as you can. Contacting a BLET-approved legal counsel (DLC) firm is the most effective way to start. Click this link to find an approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is federal law that permits seafarers to sue their employers for injuries or deaths while on the job. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters as they are not covered by the laws on workers' compensation similar to those that protect employees on land. It was modeled after the Federal Employers' Liability Act (FELA) which was which covers railroad employees. It was also designed to accommodate the needs of maritime workers.

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

A claim for a seaman in the Jones Act can be brought in the state court or in a federal court. The plaintiffs in a suit filed under the Jones Act have the right to jury trial. This is a completely new approach to workers' compensation laws. The majority of these laws are statutory and do not give injured employees the right to trial by jury.


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 subjected to a higher proof standard than in FELA claims. The Court held that the lower courts were correct when they determined that a seaman's contribution to his own accident must be proved to have directly contributed to his or her injury.

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

Safety Appliance Act vs. FELA

In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that leads to injuries. This is a major distinction for injured workers in high-risk industries. This allows them to be compensated for their injuries and also to take care of their families following an accident. The FELA law, which was passed in 1908, was a recognition of the inherent risks of the job. It also established uniform liability standards.

FELA requires railroads to offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. To be successful, an injured worker must demonstrate that their employer has did not fulfill their obligation of care by not providing them with a reasonably secure working environment and that the injury resulted directly from this negligence.

This requirement can be difficult to fulfill for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. A lawyer with experience in FELA claims can be a great help. A lawyer who understands the safety requirements for railroaders, as well as the regulations that govern these requirements can help strengthen the legal case of a worker by giving a solid legal basis.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen a worker’s FELA claim. These laws are referred to as "railway statutes" and require that railroad corporations, and in certain cases their agents (like managers, supervisors, or executives of companies) must adhere to these rules in order to ensure the safety of their employees. fela law firm of these statutes could be considered negligence in and of themselves, meaning that a violation is sufficient to justify a claim for injuries under the FELA.

If an automatic coupler, grab iron, or any other device for railroads is not installed correctly or is defective, this is a common instance of a railroad law violation. If an employee is injured because of this, they could be entitled to compensation. The law states that the claim of the plaintiff could be reduced when they contributed in any way to the injury (even even if the injury is minor).

FELA vs. Boiler Inspection Act

FELA is a set of federal laws which allow railroad employees and their families to collect significant damages for injuries they sustained while working. This includes compensation for lost earnings as well as benefits such as medical expenses, disability payments and funeral costs. Additionally when an injury results in permanent impairment or death, a claim may be made for punitive damages. This is in order to punish the railroad and deter other railroads from engaging in similar conduct.

Congress adopted FELA as a response to the public's anger in 1908 over the shocking number of deaths and accidents on railroads. Before FELA there was no legal way for railroad workers to sue their employers for injuries they sustained while on the job. Railroad workers injured and their families were often left without financial assistance during the time that they could not work because of their injuries or the negligence of the railroad.

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

If a railroad operator violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it. This does not mean that the railroad to prove that it was negligent or even that it was a to the accident. It is also possible to make a claim under the Boiler Inspection Act when an employee is injured by exposure to diesel exhaust fumes.

If you have been injured on the job as a railroad worker, you must contact a seasoned railroad injury lawyer immediately. A qualified lawyer can assist you file a claim and obtain the most benefits for the time you are in a position of no work because of the injury.