Federal Employers Explained In Less Than 140 Characters 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 safety standards. Federal Employers' Liability Act is one example. It protects railroad workers.

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

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that offer protection to employees, there are a few differences between them. These differences are related to the process of filing claims as well as fault assessment and the types of damages awarded in instances of death or injury. Workers' compensation laws offer immediate relief to injured workers regardless of who was at fault for the accident. FELA in contrast demands that claimants prove that their railroad company was at a minimum partially accountable for their injuries.

FELA also permits plaintiffs to sue federal courts instead of the state workers' compensation system and provides a trial by jury. It also provides specific rules for determining damages. For instance workers can be awarded compensation of 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 for a worker to be successful in a FELA case they must prove that the railroad's negligence was at least a small part in the death or injury. This is a higher level than that required to win a workers compensation claim. This is a consequence of the FELA's past. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to claim damages.

As a result of over a century of FELA litigation railway companies are now able to adopt and deploy safer equipment, however the railway tracks, trains, yards and machine shops are some of the most dangerous work environments. This makes FELA crucial for ensuring safety of all railway workers as well as addressing the failures of employers to protect their employees.


If you are a railway worker who has been injured in the course of work it is imperative to seek legal advice as quickly as possible. The best way to begin is to reach out to an approved BLET designated Legal Counsel (DLC). Click this link to find a BLET-approved DLC firm near you.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers in the event of injuries and deaths. The Jones Act was passed in 1920 as a way to protect sailors who are at risk on the high seas or other navigable waters. They are not covered by workers' compensation laws, unlike workers on land. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was tailored to address the unique needs of maritime employees.

Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum of an injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in the event of employer negligence. Additionally under the Jones Act, plaintiffs are not required to prove their death or injury was directly resulted from an employer's negligent actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future suffering in the past and future, loss of earnings capacity, and mental distress.

A claim against a seaman in the Jones Act can be brought either in the state court or in a federal court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a distinct approach to the majority of workers' compensation laws which are usually statutory and do not afford 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 his own injury was subject to a more rigorous standard of evidence than the standard of proof in FELA cases. The Court decided that the lower courts were correct when they determined that a seaman's contribution to his own accident has to be shown as having directly caused his or her injury.

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

Safety Appliance Act vs. FELA

Unlike workers' compensation laws in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers in high-risk sectors. After an accident, they will be compensated and support their families. The FELA was passed in 1908 to acknowledge the inherent dangers of the job and to establish standard liability requirements for companies that operate railroads.

FELA requires railroads to provide a secure working environment for their employees, which includes the use of properly maintained and repaired equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. In order for an injured worker to prevail in a lawsuit they must show that their employer breached their duty of care by not providing a safe work environment, and that the injury occurred as directly caused by this failure.

Some workers may find it difficult to comply with this requirement, especially if a defective piece equipment can be the cause of an accident. This is why having a lawyer who has experience in FELA cases can be of assistance. A lawyer who knows the safety requirements for railroaders, and the regulations that govern these requirements can help strengthen the legal case of a worker by providing a solid legal base.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen the worker's FELA claim. These laws, referred to as "railway statues," require that rail companies and, in certain instances, their agents (such as supervisors, managers or company executives) 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 any one of these rules is enough to support an injury claim under FELA.

A typical instance of an infraction to the railroad statute is when an automatic coupler or grab iron isn't properly installed or has a defect. If an employee is injured because of this, they may be entitled compensation. The law provides that the claim of the plaintiff may be reduced if they contributed in any way to the injury (even when the injury is not severe).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws which allows railroad employees and their family members to claim substantial damages if they get injured while on the job. This includes compensation for lost earnings as well as benefits such as medical expenses, disability payments and funeral expenses. Additionally in the event that an injury causes permanent impairment or death, a claim may be brought for punitive damages. fela lawsuit settlements is to penalize railroads for their negligence and deter other railroads from engaging in similar behavior.

Congress approved FELA in 1908 in response to public outrage over the appalling number of fatalities and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue employers when they suffered injuries on the job. Railroad workers injured in the line of duty, and their families, were often left without financial assistance during the time they were unable work because of their accident or negligence of the railroad.

Injured railroad workers can bring claims for damages under FELA in either state or federal 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 blame for an accident is determined by comparing their actions to those of his coworkers. The law allows for a trial by jury.

If a railroad company violates one of the federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. This does not require the railroad to prove that it was negligent or that it was a cause of an accident. It is also possible to file a claim under the Boiler Inspection Act when an employee is injured due to exposure to exhaust fumes from diesel engines.

If you are a railroad worker who has suffered an injury, you should immediately contact an experienced lawyer for railroad injuries. A qualified lawyer can assist you file your claim and get the maximum benefits for the time you are unable to work due to the injury.