10 Myths Your Boss Has About Federal Employers Federal Employers Workers Compensation Vs Federal Employers Liability Act

In high-risk industries, workers who suffer injuries are usually protected by laws that require employers to higher standards of safety. Federal Employers' Liability Act, for example, protects railroad workers.

To be able to claim damages under FELA workers must prove 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 the two. These distinctions are related to the process of filing claims as well as fault assessment and the types of damages awarded in instances of injury or death. Workers' compensation law offers quick assistance to injured workers regardless of who is at fault for the accident. FELA requires that claimants show that their railroad employer is at least 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 sets specific rules for the calculation of damages. A worker may receive up to 80% of their average weekly salary, together with medical expenses, as well as a reasonable cost-of-living allowance. Moreover an FELA suit could also include compensation for pain and suffering.

To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was a factor in the injury or death. This is a higher standard than that required to be successful in a claim under workers' compensation. This is a part of FELA’s history. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to seek damages.

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

It is crucial to seek legal counsel as soon as you can if you are railway worker who has been injured at work. The best way to start is to contact a designated Legal Counselor from BLET (DLC). Click here to find a DLC firm in your region.

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. 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 because they aren't covered by the laws on workers' compensation like those for land-based workers. It was closely modeled on the Federal Employers Liability Act (FELA) which covers railroad workers and was tailored to address the specific requirements of maritime workers.

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 cases that involve employer negligence. Additionally to this, under the Jones Act, plaintiffs are not required to prove that their death or injury was directly resulted from an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past pain and suffering as well as future and past loss of earnings capacity and mental distress.

A suit for seamanship under the Jones Act can be brought in a state court or a federal court. In a suit under the Jones Act, plaintiffs have the right to a trial by jury. This is a fundamentally different approach to the majority of workers' compensation laws which are typically legal and do not give 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 clarify if a seaman’s contribution to their own injuries was subjected to a higher standard of proof than FELA claims. The Court ruled the lower courts were right in determining that the seaman must prove his contribution to his accident directly led to his injury.

Sorrell was awarded US$1.5 million for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were not correct as they instructed the jury to determine Norfolk responsible only for any negligence directly contributing to the victim's injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a crucial distinction for injured workers working in high-risk industries. After an accident, they will be compensated and provide for their families. The FELA law, which was passed in 1908 was a recognition of the inherent hazards of the job. It also set up standardized liability requirements.

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 switches, tracks, and other safety equipment. To allow an injured worker to prevail in a lawsuit they must prove that their employer acted in breach of their duty of care by failing to provide a safe working environment and that the injury was a direct result of the inability.

This requirement may be difficult to fulfill for some workers, particularly when a piece of equipment is involved in an accident. A lawyer with experience in FELA claims can be of great assistance. A lawyer who understands the safety requirements for railroaders, and the regulations that regulate these requirements, can help bolster a worker's legal case by providing a solid legal base.


The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the worker's FELA claim. These laws, also known as "railway statues," require that rail companies and, in certain instances, their agents (such as managers, supervisors, or company executives), comply with these regulations to ensure the safety of their employees. Violation of these laws could be considered negligence by itself, which means that a violation of one of these rules is sufficient to justify an injury claim under FELA.

When an automatic coupler, grab iron, or any other device for railroads is not installed properly or is defective it is a typical example of a railroad law violation. If an employee is injured as a result of this, they could be entitled to compensation. The law provides that the claims of the plaintiff can be reduced if they were responsible 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 permit railroad employees and their families to collect substantial damages from injuries that they sustain while working. This includes compensation for the loss of earnings and benefits, such as medical costs, disability payments, and funeral expenses. Additionally when fela claims railroad employees causes permanent impairment or death, a claim can be filed for punitive damages. This is to penalize railroads for negligent actions and discourage other railroads from engaging in similar conduct.

Congress adopted FELA in 1908 due to public outrage over the shocking number of fatalities and accidents on the railroads. Before FELA there was no legal way for railroad workers to sue their employers when they suffered injuries on the job. Railroad workers who were injured and their families were often left without adequate financial support during the period they were unable to work because of their injury or negligence by the railroad.

Under the FELA, railroad workers who are injured may seek damages in state or federal courts. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with a system of comparative blame. The law determines a railroad worker’s share of responsibility for an accident by comparing their actions to the actions of their coworkers. The law allows for an investigation by jury.

If a railroad company violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries resulting from the violation. The railroad does not have to prove negligence or contribute to an accident. You can also bring a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you are a railroad employee who has been injured and you need to immediately seek out an experienced lawyer for railroad injuries. A good lawyer can help you file a claim and obtain the most benefits in the event that you are in a position of no work because of your injury.