10 Erroneous Answers To Common Federal Employers Questions Do You Know The Right Ones? Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad workers.

To recover damages under the FELA, a victim must be able to prove that their injuries were at least partially caused due to the negligence of their employer.

FELA against. Workers' Compensation

While both workers compensation and FELA are laws that offer protection to employees, there are some significant differences between them. These distinctions are related to the process of claiming, fault assessment and the kinds of damages awarded in instances of death or injury. 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 employer is at a minimum partly 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 provides specific rules for determining damages. A worker may receive up to 80% their weekly average wage, plus medical expenses and a reasonable cost-of-living benefit. 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 show that negligence by the railroad played at least a small part in the injury or death. This is a higher requirement than what is required for a successful workers compensation claim. This is a result of FELA’s history. In 1908, Congress passed FELA in order to improve security on rails by permitting workers to sue for substantial damages when they were injured in the course of their work.

Despite the fact that railroad companies have been suing for more than a century, they still employ dangerous equipment and train tracks, as well as in their machines shops, yards and other work areas. FELA is crucial to ensure the safety of railway workers and to address employers' negligence in protecting their employees.

If you are a railway employee who was injured on the job, it is crucial to seek legal advice as soon as you can. The best method to start is by contacting the BLET-approved Legal Counsel (DLC). Click here to find the DLC firm in your region.

FELA vs. Jones Act

The Jones Act is a federal law that permits 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 are at risk on the high seas or in other navigable waters. They are not covered under workers' compensation laws unlike land-based employees. It was modeled after the Federal Employers' Liability Act (FELA), a law that covers railroad workers. It was also crafted to accommodate the needs of maritime employees.

The Jones Act, unlike workers compensation laws which restrict the amount of negligence compensation to a maximum of lost wages for injured workers and provides unlimited liability in maritime cases involving negligence by employers. In fela lawsuits to this, under the Jones Act, plaintiffs are not required to prove their death or injury was directly caused by the negligence of an employer's actions. 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 claim against a seaman in the Jones Act can be brought in either the state court or in a federal court. In a case brought 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 statutory and do not afford the injured employee the right to a trial by jury.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s involvement in their own injury was subjected to a higher proof standard than in FELA claims. The Court ruled that the lower courts were right in determining that a seaman's contribution to his own accident must be proved as having 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 erroneous, since they instructed the jury to find Norfolk responsible only for any negligence directly contributing to the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

FELA in opposition to. Safety Appliance Act

In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence leading to injuries. This is a major distinction for injured workers in high-risk sectors. This allows them to receive compensation for their injuries and to maintain their families after an accident. The FELA, which was passed in 1908, was an acknowledgment of the inherent hazards of the work. It also set up uniform liability standards.

FELA requires that railroads offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from cars and trains to switches, tracks, and other safety equipment. In order for an injured worker to be successful in a claim, they must prove that their employer acted in breach of their duty of care by not providing a safe work environment, and that the injury was the direct result of the inability.

This requirement may be difficult to meet for some workers, especially when a piece of equipment is involved in an accident. This is why having a lawyer with expertise in FELA cases can be of assistance. A lawyer who is familiar with the safety requirements for railroaders, as well as the regulations that govern these requirements, can strengthen a worker's legal case by giving a solid legal basis.

Certain railroad laws that could aid a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are referred to as "railway statutes" and require that rail corporations, and in some cases, their agents (like managers, supervisors, or company executives) must comply with these rules to protect their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of any one of these rules is enough to justify an injury claim under FELA.

When an automatic coupler, grab iron or other device for railroads is not installed properly or is defective it is a typical instance of a railroad law violation. If an employee is injured due to this, they could be entitled to compensation. The law states that the claim of the plaintiff could be reduced if they were responsible in any way to the injury (even even if the injury is minor).

FELA in opposition to. Boiler Inspection Act

FELA is a set of federal laws which allows railroad employees and their family members to claim significant damages if they suffer injuries while working. This includes compensation for lost earnings as well as benefits such as medical expenses, disability payments and funeral costs. In addition when an injury results in permanent impairment or death, a claim can be brought for punitive damages. This is to punish the railroad and discourage other railroads from engaging similar actions.

Congress passed FELA in 1908 as a result of public outrage at the alarming rate of fatalities and accidents on the railroads. Prior to FELA, there was no legal way for railroad workers to sue their employers when they were injured at work. Railroad workers injured in the line of duty and their families were often left without financial support during the time they were unable work because of their injury or negligence by the railroad.

Under the FELA railroad workers injured can seek damages in state or federal courts. The act has replaced defenses like the Fellow Servant Doctrine, or the assumption of risk by establishing an approach based on the concept of comparative fault. The law determines a railroader's part of the blame for an accident by comparing their actions with those of their coworkers. The law allows for the jury to decide on the case.

If a railroad carrier violates the federal railroad safety law like 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 may also file a claim for injuries caused by diesel exhaust fumes 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 will be able to assist you in submitting your claim and obtaining the highest amount of benefits for the time you are not working due to the injury.