Five People You Must Know In The Federal Employers Industry Workers Compensation Vs Federal Employers Liability Act

In high-risk industries, workers who suffer injuries are usually protected by laws that hold employers to higher standards of safety. Railroad workers, for example are covered by the Federal Employers' Liability Act (FELA).

To claim damages under the FELA, a victim must prove that their injury was at least partially caused through the negligence of the employer.

FELA against. Workers' Compensation

There are differences between workers' compensation and FELA although both laws offer protection to employees. These distinctions are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for injury or death. Workers' compensation law gives immediate relief to injured workers regardless of who is responsible for the accident. FELA however, on the other hand requires claimants to prove that their railroad company was at a minimum partially responsible for their injuries.

FELA also permits plaintiffs to sue federal courts in lieu of the state workers' compensation system, and allows for a trial by jury. It also has specific guidelines for the determination of damages. A worker can receive up to 80% their weekly average wage, plus medical expenses, as well as a reasonable cost-of-living allowance. A FELA lawsuit may also include compensation for discomfort and pain.

To be successful for a worker in a FELA case, they must show that negligence by the railroad played at least a small part in the injury or death. This is a higher standard than what is required for a successful workers' compensation claim. This requirement is a product 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 in the course of their employment.

As a result of over a century of FELA litigation, railway companies now regularly adopt and use safer equipment, however the railway tracks, trains, yards and machine shops remain one of the most hazardous places to work. FELA is important to ensure the safety of railway workers and to address employers' negligence in protecting their employees.

If you are a railway worker who was injured in the course of work it is essential that you seek legal advice as quickly as possible. Contacting a BLET authorized legal counsel (DLC) firm is the best way to get started. Click this link to find an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that allows seamen to sue their employers for on-the-job injuries and deaths. It was enacted 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 like those for land-based workers. It was closely modeled after the Federal Employers Liability Act (FELA), which protects railroad workers, and was tailored to address the unique needs of maritime employees.

Unlike workers' compensation laws which limit the recovery for negligence to a maximum of the injured worker's lost wages Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. In addition under the Jones Act, plaintiffs are not required to prove that their injuries or deaths were directly resulted from an employer's negligent behavior. The Jones Act allows injured seamen to sue their employers in order to recover unspecified damages, such as past and present suffering and pain, future loss of earning capacity as well as mental distress, for example.

A seaman's claim under the Jones Act may be brought in a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a distinct approach to the majority of workers' compensation laws which are usually legal and do not give the injured employee the right to a trial by jury.

In the case Norfolk Southern Railway Company v. fela lawyer was asked to clarify if a seaman’s involvement in their own injury was subjected to a higher evidence standard than FELA claims. The Court decided that the lower courts were correct when they ruled that the seaman must prove his role in the accident directly caused his injury.

Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect and they had instructed the jury that Norfolk was solely responsible for the negligence that caused his 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 a major distinction for injured workers in high-risk industries. After an accident, they will be compensated and maintain their families. The FELA was enacted in 1908 to acknowledge the inherent dangers of the job and to set up uniform liability standards for companies that manage railroads.

FELA requires railroads to provide a safe work environment for their employees, which includes the use of well-maintained and repaired equipment. This includes everything from cars and trains to tracks, switches, and other safety gear. To be successful, an injured worker must show that their employer breached their obligation to them by failing to provide them with a reasonably secure working environment and that the injury resulted directly from this failure.

This rule can be difficult to fulfill for some workers, especially when a malfunctioning piece of equipment is involved in an accident. This is why a lawyer who has expertise in FELA cases can help. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that govern these requirements, can help strengthen a worker's legal case by providing a solid legal foundation.


The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen the worker's FELA claim. These laws, also 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 regulations 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 another railroad device isn't installed properly or is damaged it is a typical example of a railroad law violation. This is a clear violation of the Safety Appliance Act, and when an employee is injured because of it, they may be entitled to compensation. The law provides that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even if it is minimal).

Boiler Inspection Act vs. FELA

FELA is a series of federal laws that allow railroad employees and their families to collect substantial damages from injuries that they sustain on the job. This includes compensation for lost earnings as well as benefits such as disability payments, medical expenses and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be claimed. This is in order to punish the railroad and deter other railroads from engaging in similar behavior.

Congress approved FELA in response to the public's outrage in 1908 about the alarming number of deaths and accidents on railroads. Before FELA, there was no legal way for railroad employees to sue their employers when they were injured on the job. Railroad workers who were injured and their families were often denied financial aid during the time they were unable work because of their injuries or negligence on the part of the railroad.

Railroad workers who are injured can bring claims for damages under FELA in either state or federal court. The act replaced defenses like the Fellow Servant Doctrine, or the assumption of risk by establishing a system based on comparative fault. The act determines a railroader's portion of the responsibility for an accident by comparing their actions to the actions of their coworkers. The law permits an investigation by jury.

If a railroad company violates a federal railroad safety statute like The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result from it. The railroad is not required to prove that it was negligent or that it contributed to an accident. You can also bring an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you are a railroad worker who has been injured or injured, you must immediately contact an experienced lawyer for railroad injuries. The right lawyer can help you file your claim and obtain the most benefits in the event that you are not able to work because of your injury.