A Trip Back In Time How People Discussed Federal Employers 20 Years Ago Workers Compensation Vs Federal Employers Liability Act

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

To be able to claim damages under FELA the worker must prove their injury was caused partially due to negligence on the part of the employer.

FELA Vs. Workers' Compensation

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

FELA also permits plaintiffs to sue federal courts on behalf of the state workers' compensation system, and allows for a trial by jury. It also establishes specific rules for determining damages. A worker can receive up to 80% of their average weekly salary, together with medical expenses, and a reasonable cost-of-living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.

For a worker to succeed in a FELA case they must prove that negligence by the railroad played at least a role in the injury or death. This is a 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 the safety of rail lines by allowing workers to sue for significant damages when they were injured during their job.

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

If you are a railway employee who has suffered an injury in the course of work it is imperative that you seek legal advice as soon as you can. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Follow this link to find a BLET-approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employers for injuries or deaths during work. The law was passed in 1920 to protect seamen who risk their lives and limbs on the high seas and other navigable waters, because they aren't covered by workers' compensation laws like those that cover employees on land. It was modeled after the Federal Employers Liability Act (FELA) which is a law that covers railroad workers. It was also crafted to meet 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 an injured worker and provides unlimited liability in maritime cases involving negligence by employers. In addition to this, under the Jones Act, plaintiffs are not required to prove their death or injury was directly caused by the negligence of an employer's conduct. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified including the suffering and pain, future loss of earning capacity, mental distress, etc.

A seaman's claim under the Jones Act may be brought in either a federal or state court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a completely different approach to the majority of workers' compensation laws which are usually 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 requested to clarify if a seaman’s contribution to their own injuries was subject to a more strict standard of proof than FELA claims. The Court decided that the lower courts were right in determining that the seaman's involvement in his own accident has to be proven as having directly caused his or her injury.

Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk claimed that the causation standard should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that caused injuries. This is an important distinction for injured workers working in high-risk fields. This enables workers to receive compensation for their injuries as well as support their families following an accident. The FELA that was enacted in 1908 was an acknowledgement of the inherent dangers of the work. It also set up standardized liability requirements.

FELA requires that railroads offer a safe working environment for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from locomotives and cars to tracks, switches, and other safety equipment. In order for an injured worker to prevail in a claim they must prove that their employer breached their duty of care by failing to provide a safe work environment, and that the injury was the direct result of that inability.

Some employees may find it difficult to comply with this requirement, especially when a piece of equipment that is defective is responsible for causing an accident. An experienced lawyer who has experience with FELA claims can be a great help. An attorney who understands the specific safety requirements for railroaders and the regulations that govern them can help the case of a worker, by providing a solid legal foundation.


Some railroad laws that can strengthen the worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws, referred to as "railway statues," require that rail corporations and, in some cases their agents (such as managers, supervisors, or company executives) must adhere to these rules to ensure the safety of their employees. Violation of these laws could be considered negligence per se, meaning that a violation of one of these rules is enough to justify a claim for injury under FELA.

A typical example of a railroad statute violation is the case where an automatic coupler or grab iron isn't correctly installed or is defective. This is clearly a violation of the Safety Appliance Act, and should an employee be injured because of it the employee may be entitled to compensation. The law stipulates that the claim of the plaintiff may be reduced if they contributed in any way to the injury (even if it is minimal).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws which allow railroad workers and their families to claim significant damages for injuries they that they sustain during work. This includes compensation for loss of earnings and benefits, such as medical costs, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. fela settlements is a way to penalize railroads for their negligence and deter other railroads from engaging in similar conduct.

Congress approved FELA in 1908 due to public outrage at the alarming rate of accidents and fatalities on railroads. Before FELA, there was no legal mechanism for railroad employees to sue their employers if they were injured at work. Railroad workers injured and their families were frequently left without adequate financial support during the time that they were unable to work because of their injuries or the negligence of the railroad.

Under the FELA, railroad workers who suffer injuries may make a claim for damages in state or federal courts. The law replaced defenses such as the Fellow Servant Doctrine, or the assumption of risk with a system based on 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 also permits an open trial before a jury.

If a railroad company violates a federal railroad safety statute such as The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries that result. The railroad does not have to prove negligence or contribute to an accident. You may also file a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you have been injured while working as a railroad worker you must contact a seasoned railroad injury attorney immediately. The right lawyer can help you file a claim and receive the maximum amount of compensation for the time you are in a position of no work because of the injury.