Federal Employers: What's No One Is Talking About Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk sectors are injured, they are usually protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).

To claim damages under the FELA the victim must prove that their injury was at least in part caused due to the negligence of their employer.

Workers' Compensation vs. FELA

There are some differences between workers compensation and FELA although both laws provide protection for employees. These differences are related to the process of claiming as well as fault assessment and the types of damages awarded in instances of injury or death. Workers' compensation laws provide immediate aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad employer is at least partially responsible for their injuries.

In addition, FELA allows workers to sue federal courts, instead of the state's worker compensation system. It also allows the option of a jury trial. It also establishes specific rules for determining damages. For example, a worker can receive compensation up to 80 percent of their weekly salary, in addition to medical expenses and an affordable cost of living allowance. A FELA lawsuit may also include compensation for discomfort and pain.

In order to win a FELA claim the worker must show that the railroad's negligence was a factor in the resulting injury or death. This is a higher standard than that 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 security on rails by allowing workers to sue for large damages if they suffered injuries in the course of their work.

Despite the fact that railroad companies have been suing for over a century, they still use dangerous equipment and train tracks as well as in their yards, machine shops, and other work areas. FELA is important to ensure the safety of railway workers and to address employers' inability to protect their employees.

If you are a railway employee who has been injured in the course of work, it is crucial to seek legal advice as quickly as possible. The best way to begin is by contacting an approved BLET designated Legal Counsel (DLC). Click here to find the DLC firm in your region.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers for on-the-job injuries and deaths. It was passed in 1920 to protect seamen who risk their lives and limb on the high seas and other navigable waters since they are not covered by workers' compensation laws similar to those that protect employees on land. It was modeled on the Federal Employers' Liability Act (FELA), which covers railroad workers. It was also tailored to accommodate the needs of maritime workers.

The Jones Act, unlike workers compensation laws, which limit the amount of negligence recovery to the amount of lost wages for injured workers, provides unlimited liability in maritime cases involving negligence by employers. In addition, under the Jones Act, plaintiffs are not required to prove their injury or death was directly resulted from an employer's negligent conduct. The Jones Act allows injured seamen to sue their employers to recover unspecified damages, such as the past and present suffering and pain, future loss of earning capacity and mental distress, among others.

A claim for compensation by a seaman 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 trial by jury. This is a revolutionary approach to workers' compensation laws. Most of these laws are statutory in nature and do not give injured workers 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 her own injury was subject to a higher standard of proof than the standard of evidence in FELA cases. The Court held that lower courts were right in determining that the seaman must prove his contribution to his accident directly led to his injury.

fela case settlements 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 incorrect, as they instructed the jury that Norfolk was only responsible for negligence that directly caused his injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases.

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 crucial distinction for injured workers who work in high-risk industries. After an accident, they are able to be compensated and support their families. The FELA, which was passed in 1908 was a recognition of the inherent hazards of the job. It also established standardized liability requirements.

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

This requirement may be difficult to fulfill for some workers, especially when a defective piece of equipment is involved in an accident. An attorney with experience in FELA claims can be of great assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by providing a strong legal basis.

Certain railroad laws that could aid a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as "railway statutes" and mandate that rail corporations, and in certain instances their agents (like managers, supervisors, or company executives) must follow these rules to protect their employees. Infractions to these laws could be considered negligence in and of themselves, meaning that a violation is sufficient to support a claim for injury under the FELA.

A typical illustration of railroad statute violations is when an automatic coupler or grab iron is not properly installed or has a defect. If an employee is injured as a result of this, they may be entitled to compensation. The law stipulates that the claim of the plaintiff may be reduced if they were responsible 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 that allows railroad employees and their family members to recover substantial damages if they suffer injuries on the job. This includes the compensation for lost earnings and benefits like disability payments, medical expenses and funeral expenses. If an injury results in permanent impairment or death, punitive damages can also be claimed. This is to punish the railroad and deter other railroads from engaging similar behavior.

Congress adopted FELA in response to the public's outrage in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers for injuries they sustained 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.

Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The act has replaced defenses like the Fellow Servant Doctrine or assumption of risk with a system based on comparative fault. This means that a railroad worker's share of the responsibility for an accident is determined by comparing his or her actions to those of his coworkers. The law allows for a trial by jury.

If a railroad company 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 it was negligent, or even that it was a contributory to the 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 diesel exhaust fumes.


If you've been injured on the job as a railroad employee, you should consult a skilled railroad injury lawyer immediately. The right lawyer can assist you in filing your claim and receiving the highest amount of benefits in the time you aren't able to work because of your injury.