17 Signs That You Work With Federal Employers Workers Compensation Vs Federal Employers Liability Act

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

In order to be entitled to damages under FELA workers must prove their injury was caused at the very least in part by negligence on the part of the employer.

Workers' Compensation vs. FELA

While both workers compensation and FELA are laws that provide protections to employees, there are a few differences between the two. These distinctions are related to the claims process as well as fault evaluation, and the types of damages awarded for injury or death. Workers' compensation law offers rapid aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad employer is at a minimum partially responsible for their injuries.

In addition, FELA allows workers to sue federal courts rather than the state's workers' compensation system and provides jurors for trials. It also provides specific rules for determining damage. For instance workers can be awarded an amount of compensation that is up to 80 percent of their average weekly salary, in addition to medical expenses and an affordable cost of living allowance. A FELA lawsuit may also include compensation for pain and discomfort.

In order to win a FELA claim, a worker must demonstrate that the railroad's negligence was at least a factor in the injury or death. This is a higher standard than the one required for a successful workers' compensation claim. This is a consequence of FELA's history. In 1908, Congress passed FELA in an effort to increase security on rails by permitting workers to sue for significant damages when they were injured in the course of their job.

In the wake of more than a century of FELA litigation railway companies today regularly adopt and deploy safer equipment, but railway tracks, trains, yards and machine shops are still among the most dangerous places to work. This makes FELA essential for ensuring the safety of all railway workers as well as taking action against employers' inability to safeguard their employees.

It is important that you seek legal advice as soon as you can if are a railway worker who has been injured at work. The best method to start is to reach out to a BLET-approved Legal Counsel (DLC). Click on this link to locate a DLC firm in your region.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employer for injuries or deaths during work. The law was passed in 1920 to ensure that seamen are protected from risking their lives and limb on the high seas and other navigable waters, since they are not covered by the laws on workers' compensation like those for land-based employees. It was modeled after the Federal Employers' Liability Act (FELA), a law that covers railroad workers. It was also crafted to meet the needs of maritime employees.

The Jones Act, unlike workers compensation laws which restrict the amount of negligence recovery to the amount of lost wages for an injured worker and provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified, such as past and present pain and suffering, future loss of earning capacity and mental distress, among others.

A claim by a seaman under the Jones Act may be brought in either a state or federal court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a revolutionary approach to workers' compensation laws. Most of these laws are statutes and do not grant injured employees the right to a trial before a jury.

In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or their own injury was subject to a higher standard of proof than the standard of proof in FELA cases. The Court held that lower courts were correct when they ruled that the seaman had to prove that his contribution to his accident directly caused his injury.

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

Safety Appliance Act vs. FELA

Unlike workers' compensation laws and the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that led to injuries. This is an important distinction for injured workers who work in high-risk sectors. After an accident, they can be compensated and maintain their families. The FELA, which was passed in 1908, was an acknowledgement of the inherent risks of the job. It also set up uniform liability standards.

FELA requires railroads to provide a safe working 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. In order for an injured worker to be successful in a claim, they must prove that their employer breached their duty of care by not providing a safe working environment and that the injury was a direct result of this failure.

This requirement can be a challenge for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. An experienced lawyer who has experience with FELA claims is a great resource. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can improve 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 workers' FELA claim. These laws, referred to as "railway statues," require that rail companies and, in certain cases their agents (such as managers, supervisors or company executives) adhere to these rules to ensure the safety their employees. The violation of these statutes could be considered to be negligence in and of themselves, which means that a violation can be considered sufficient to justify a claim for injuries under the FELA.

A common example of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or has a defect. If an employee is injured because of this, they may be entitled to compensation. However, the law states that if the plaintiff contributed to their injury in any way (even if minimal) the amount they claim will be reduced.

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 working. This includes compensation for the loss of earnings and benefits, like medical expenses, disability payments, and funeral expenses. In addition in the event that an injury results in permanent impairment or death, a claim can be filed for punitive damages. fela claims is to punish the railroad and discourage other railroads from engaging in similar behavior.


Congress adopted FELA in 1908 due to public outrage over the shocking number of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad workers to sue employers for injuries they sustained while on the job. Injured railroad workers, and their families, were often denied financial support during the time they were unable work due to injuries or negligence on the part of the railroad.

Injured railroad workers can bring claims for damages under FELA in either federal or state court. The law replaced defenses such as the Fellow Servant Doctrine or assumption of risk with an approach based on comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing their actions with those of his coworkers. The law permits the jury to decide on the case.

If a railroad operator violates a federal railroad safety law such as 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 make a claim for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

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