Watch This: How Federal Employers Is Taking Over The World And What To Do About It 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 employees.

To be able to claim damages under FELA, a worker must prove that their injury was caused at least partly due to negligence on the part of the employer.

Workers' Compensation vs. FELA

While both workers compensation and FELA are laws that offer protections to employees, there are some significant differences between the two. These differences are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for death or injury. Workers' compensation laws offer immediate aid to injured workers, regardless of who was responsible for the accident. FELA, however demands that claimants prove that their railroad company was at a minimum partially responsible for their injuries.

FELA also allows plaintiffs to sue federal courts on behalf of the state workers' compensation system, and also allows a trial with a jury. It also has specific guidelines for the calculation of damages. For instance workers can be awarded compensation up to 80 percent of their average weekly salary, in addition to medical expenses and a reasonable cost of living allowance. A FELA lawsuit could also include compensation for pain and discomfort.

In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the injury or death. This is a far more stringent requirement than that needed for a successful claim under workers compensation. This requirement is a product of the FELA's history. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to sue for damages.

As a result of over 100 years of FELA litigation railway companies are now able to implement safer equipment, but trains, tracks, railroad yards and machine shops are still one of the most hazardous work environments. FELA is essential to ensure the safety of railway workers and to address employers' failures in protecting their employees.

It is essential to seek legal advice as soon as you can when you are railway worker who has been injured at work. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Click on this link to locate the DLC firm in your region.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employer for any injuries or deaths they suffer while on the job. It was enacted in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters because they aren't covered by the laws on workers' compensation similar to those that protect land-based employees. It was modeled on the Federal Employers' Liability Act (FELA), a law that covers railroad employees. It was also designed to accommodate the needs of maritime employees.

The Jones Act, unlike workers compensation laws, which restrict the amount of negligence recovery to the maximum amount of lost wages for injured workers is a law that allows unlimited liability in maritime cases involving negligence by employers. 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 to seek compensation for unspecified damages, such as the past and present suffering and pain, as well as 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. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a completely new approach to the workers' compensation laws. The majority of these laws are statutes and do not grant injured employees the right to a trial before a jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s involvement in their own injury was subject to a more strict evidence standard than FELA claims. The Court decided that the lower courts were correct in determining that a seaman must prove that his involvement in the accident directly caused his 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 not correct, as they instructed the jury that Norfolk was solely accountable for the negligence that directly caused his injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

FELA in opposition to. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is a significant distinction for injured workers who work in high-risk industries. This enables them to be compensated for their injuries and to support their families following an accident. The FELA was enacted in 1908 in recognition of the inherent dangers of the job and to set up uniform liability standards for businesses that operate railroads.

FELA requires railroads to provide a secure working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful an injured worker must demonstrate that their employer has breached their obligation to them by failing to provide them with a reasonably safe working environment and that their injury was the direct result of this failure.

Some workers may have difficulty to meet this requirement, especially if a defective piece equipment is involved in causing an accident. This is why an attorney with expertise in FELA cases can be helpful. A lawyer who is familiar with 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.

Certain railroad laws that could strengthen a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and mandate that rail corporations, and in certain cases, their agents (like managers, supervisors or executives of companies) must follow these rules in order to ensure the safety of their employees. Violating these statutes can constitute negligence by itself, which means that a violation of any one of these rules is enough to justify a claim for injury under FELA.

If an automatic coupler grab iron, or any other railroad device is not installed correctly or is damaged it is a typical example of a railroad law violation. If an employee is injured because of this, they could be entitled to compensation. However, the law stipulates that if the plaintiff was a contributor to the injury in any way (even even if it was a minor cause), their claim may be reduced.

Boiler Inspection Act vs. FELA

FELA is a set of federal laws which allow railroad employees and their families to collect substantial damages for injuries sustained during work. This includes the compensation for lost earnings and benefits like disability payments, medical expenses and funeral costs. In addition, if an injury results in permanent impairment or death, a claim could be filed for punitive damages. This is to punish the railroad and deter other railroads from engaging in similar behavior.

Congress adopted FELA in 1908 in response to public outrage at the alarming rate of fatalities and accidents on the railroads. Before FELA there was no legal way for railroad workers to sue their employers for injuries they sustained while on the job. Injured railroad workers and their families were often left without adequate financial support during the period they were unable to work because of their injuries or the negligence of the railroad.

Under the FELA, railroad workers injured may seek damages in federal or state courts. The act eliminated defenses like 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 to those of their coworkers. The law also allows for an open trial before a jury.

If fela accident attorney violates one of the federal railroad safety statutes like The Safety Appliance Act or Boiler Inspection Act, it becomes strictly liable for all injuries that result. This does not mean that the railroad to prove that it was negligent, or even that it was a contributing to the cause of an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines.

If you are a railroad employee who has been injured or injured, you must immediately contact an experienced lawyer for railroad accidents. A good lawyer can assist you in filing your claim and obtaining the maximum benefits available during the time that you aren't able to work due to the injury.