10 Facebook Pages That Are The Best That I've Ever Seen. Federal Employers Workers Compensation Vs Federal Employers Liability Act

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

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

FELA Vs. Workers' Compensation

There are some differences between workers compensation and FELA although both laws provide protection for employees. These differences are related to claims processes as well as fault evaluation, and the types of damages that are awarded for death or injury. Workers' compensation law provides quick aid to injured workers, regardless of who was at fault for the accident. FELA however, requires that claimants demonstrate that their railroad employer was at a minimum partially accountable for their injuries.

In addition, FELA allows workers to sue in federal court rather than the state's workers compensation system. It also provides a jury trial. It also sets specific rules for determining damage. A worker may receive up to 80% of their weekly average wage, together with medical expenses and 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 negligence by the railroad played at least a role in the death or injury. This is a far 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 an effort to increase security on rails by allowing workers to sue for significant damages if they suffered injuries during their employment.

Despite the fact that railroad companies have been suing for more than 100 years, they employ dangerous equipment and tracks for trains, as well as in their yards, machine shops, and other work areas. This is what makes FELA essential for ensuring the safety of all railway workers and taking action against employers' inability to protect their employees.

It is crucial to seek legal advice as quickly as you can if are a railway worker who is injured at work. The best method to start is to reach out to an approved designated Legal Counselor from BLET (DLC). Click here 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 work-related injuries and deaths. It 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 like those that cover land-based employees. It was closely modeled after the Federal Employers Liability Act (FELA) which protects railroad workers, and was designed to meet the specific needs of maritime employees.

In contrast to workers' compensation laws which limit the recovery for negligence to a maximum amount of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. The Jones Act does not require plaintiffs to prove that an 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 like the past and present suffering and pain, future loss of earning capacity and mental distress, among others.

A claim for seamanship under 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 different approach to the majority of workers' compensation laws which are generally statutory and do not afford injured employees the right to a jury trial.

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 her own injury was subject to a more rigorous standard of proof than the standard of evidence in FELA cases. The Court held that the lower courts were right in determining that a seaman's contribution to his own accident has to be proven to have directly caused his or her injury.

Sorrell was awarded US$1.5 million in compensation for his injuries. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were wrong, as they instructed the jury that Norfolk was only responsible for the negligence that caused the injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

Contrary to laws regarding workers' compensation and 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 are able to be compensated and provide for their families. The FELA was enacted in 1908 to acknowledge the inherent dangers of the job and to set up uniform liability standards for businesses who operate railroads.

FELA requires railroads to provide a safe work environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and locomotives 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 reasonably safe working environment and that their injury was the direct result of this failure.

Some workers may find it difficult to meet this requirement, especially if a defective piece equipment is involved in causing an accident. This is why a lawyer who has expertise in FELA cases can be helpful. A lawyer who understands the safety requirements for railroaders, as well as the regulations that regulate these requirements, can 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 can strengthen workers' FELA claim. These laws, also referred to as "railway statues," require that rail corporations, and in some instances, their agents (such as supervisors, managers, or company executives) must adhere to these rules to ensure the safety their employees. Infractions to these laws could be considered negligence in and of themselves, which means that a violation is enough to support a claim of injuries under the FELA.

An example of a railroad statute violation is when an automatic coupler or grab iron isn't properly installed or is defective. This is a clear violation of the Safety Appliance Act, and should an employee be injured because of it they could be entitled to compensation. The law states that the claims of the plaintiff can be reduced when they contributed in any way to the injury (even even if the injury is minor).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that allows railroad employees and their family members to claim significant damages if they suffer injuries on the job. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and funeral expenses. If an injury causes permanent impairment or death, punitive damages may also be claimed. This is a way to penalize railroads for negligent actions and discourage other railroads from engaging in similar conduct.

Congress adopted FELA in 1908 as a result of public outrage at the alarming rate of fatalities and accidents on the railroads. Before FELA there was no legal mechanism for railroad workers to sue their employers when they suffered injuries while on the job. Railroad workers who were injured and their families were often left without financial assistance during the time they were unable work because of their injury or negligence by the railroad.

Injured fela claims can bring claims for damages under FELA in either federal or state court. 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 act determines a railroad worker’s part of the blame for an accident by comparing their actions with the actions of their coworkers. The law permits the jury to decide on the case.

If a railroad carrier is found to be in violation of federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. The railroad does not have to prove negligence or that it contributed to an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines.

If you have been injured while working as a railroad worker you should contact an experienced railroad injury lawyer immediately. A reputable attorney can assist you in submitting your claim and obtaining the highest amount of benefits during the time that you aren't able to work due to the injury.