15 Secretly Funny People Work In Federal Employers Workers Compensation Vs Federal Employers Liability Act

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

To claim damages under the FELA the plaintiff must be able to prove that their injuries were at least partially caused by the negligence of the employer.

Workers' Compensation vs. FELA

There are differences between workers compensation and FELA while both laws provide protection for employees. These distinctions are related to the claims process, fault assessment and the kinds of damages awarded in cases of injury or death. Workers' compensation laws provide immediate relief to injured workers regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad company is at least partially responsible for their injuries.

FELA also permits plaintiffs to sue federal courts on behalf of the state workers' compensation system, and provides a trial by jury. It also establishes specific rules for determining damage. A worker could receive up to 80% their average weekly salary, as well as medical expenses, as well as an appropriate cost-of-living allowance. Moreover an FELA suit could also include compensation for pain and suffering.

In order for a worker to be successful in a FELA case they must prove that negligence by the railroad played at least a part in the death or injury. This is a higher standard than what is required for a successful workers' compensation claim. This requirement is a result of the FELA's past. In 1908, Congress passed FELA in an effort to increase safety on the rails by allowing workers to sue for significant damages if they were injured in the course of their employment.

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 work areas. FELA is important to ensure the safety of railway workers and to tackle employers' failures in protecting their employees.

It is important that you seek legal advice as soon as you can if are railway worker who has been injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click here to locate a 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. The Jones Act was enacted in 1920 as a means to protect sailors who put their lives at risk on the high seas or in other navigable waters. They are not covered by workers' compensation laws unlike employees who work on land. It was modeled after the Federal Employers' Liability Act (FELA) which was a law that covers railroad employees. It was also designed to accommodate the needs of maritime workers.

The Jones Act, unlike workers' compensation laws that limit the amount of negligence recovery to the maximum amount of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their death or injury. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past pain and suffering in the past and future, loss of earnings capacity and mental distress.

A suit for seamanship under the Jones Act can be brought in either the state court or in a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a jury trial. This is a completely different method than the majority of workers' compensation laws, which are usually legal and do not give the injured employee the right to a jury trial.

In fela railroad accident lawyer of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or her own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court ruled that the lower courts were right when they determined that a seaman's contribution to his own accident must be shown to have directly caused the injury.

Sorrell was awarded US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the court's instructions to the jury were incorrect, since they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to his or her injury. Norfolk argued that the standard of causation should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that leads to injuries. This is a significant distinction for injured workers who work in high-risk industries. This enables them to receive compensation for their injuries and to maintain their families after an accident. The FELA law, which was passed in 1908 was a recognition of the inherent risks of the work. It also established uniform liability standards.

FELA requires railroads to provide a safe work environment for their employees, which includes 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 demonstrate that their employer has did not fulfill their obligation of care by failing to provide them with a safe working environment and that their injury resulted directly from this negligence.

Some employees may find it difficult to comply with this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. An attorney with experience in FELA claims is a great resource. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can help the case of a worker by establishing a solid legal foundation.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s FELA claim. These laws are referred to as "railway statutes" and require that railroad corporations, and in certain cases their agents (like managers, supervisors or executives of companies) must follow these rules to ensure the safety of their employees. Violations of these statutes may be considered to be negligence in and of themselves, meaning that a violation is enough to support a claim for injury under the FELA.

When an automatic coupler, grab iron or another railroad device isn't installed properly or is damaged it is a typical example of a railroad law violation. This is an obvious violation of the Safety Appliance Act, and if an employee is hurt due to the incident they could be entitled to compensation. However, the law states that if the plaintiff was a contributor to the injury in any way (even if minimal) the amount they claim will be reduced.

FELA Vs. Boiler Inspection Act

FELA is a series of federal laws that allow railroad workers and their families to collect substantial damages from injuries sustained while working. This includes compensation for the loss of earnings and benefits, including medical expenses as well as disability benefits and funeral expenses. In addition in the event that an injury causes permanent impairment or death, a claim may be filed for punitive damages. This is intended to punish railroads for negligent actions and deter other railroads from engaging in similar behavior.

Congress adopted FELA in response to public outrage in 1908 about the alarming rate of fatalities and accidents on railroads. Prior to FELA there was no legal basis for railroad workers to sue their employers when they suffered injuries on the job. Injured railroad workers and their families were often left without adequate financial support during the time that they were unable to work due to their injury or the negligence of the railroad.

Railroad workers injured in an accident can file claims for damages under FELA in either state or federal court. The law eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. The act determines a railroad worker’s portion of the responsibility for an accident by comparing their actions to the actions of their coworkers. The law also permits a jury trial.


If a railroad operator is found to be in violation of federal railroad safety laws like The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. This does not mean that the railroad to prove that it was negligent or even that it was a to the accident. It is also possible to make an action under the Boiler Inspection Act when an employee is injured by exposure to exhaust fumes from diesel engines.

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