How To Beat Your Boss With Federal Employers Workers Compensation Vs Federal Employers Liability Act

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


In order to be entitled to damages under FELA, a worker must prove their injury was caused at the very least partially due to negligence on the part of the employer.

Workers' Compensation vs. FELA

There are differences between workers' compensation and FELA while both laws offer protection to employees. These differences are related to the claims process as well as fault assessment and the types of damages awarded in instances of injury or death. Workers' compensation laws offer immediate relief to injured workers, regardless of who was responsible for the accident. FELA, in contrast demands that claimants prove that their railroad employer was at least partly responsible for their injuries.

FELA also allows plaintiffs to sue federal courts instead 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% of their average weekly wage plus medical expenses, and an appropriate cost-of-living allowance. Additionally the FELA suit could also include compensation for pain and suffering.

To win a FELA claim, a worker must prove that the railroad's negligence was at least an element in the cause of injury or death. This is a much more stringent requirement than that needed to be successful in a claim under workers compensation. This requirement is a result of the FELA's past. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to sue for damages.

As a result of more than a century of FELA litigation, railway companies now regularly adopt and use safer equipment, but trains, tracks, railroad yards and machine shops are still one of the most hazardous places to work. This makes FELA important for ensuring the safety of all railway workers as well as addressing employers' failures to safeguard their employees.

If you are a railway worker who has suffered an injury on the job it is imperative that you seek legal advice as quickly as you can. The best way to begin is to reach out to a BLET-approved Legal Counsel (DLC). fela law firm on this link 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 safeguard sailors who put their lives at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws, unlike land-based employees. It was closely modeled on the Federal Employers Liability Act (FELA), which protects railroad workers, and was designed to meet the specific needs of maritime employees.

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

A claim by a seaman under the Jones Act may be brought in either a state or federal court. The plaintiffs in a suit filed under the Jones Act have the right to a trial by jury. This is a fundamentally new approach to the laws governing workers' compensation. Most of these laws are statutory and do not give injured employees the right to trial before a jury.

In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to determine whether the contribution of a seaman to his or her own injury was subject to a higher standard of proof than the standard for proof in FELA cases. The Court decided that the lower courts were right when they determined that a seaman's role in his own accident has to be proven to have directly contributed to the injury.

Sorrell was awarded US$1.5 million for his injury. Norfolk Southern, Sorrell's employer argued that the instructions given to the jury by the trial court were not correct in that they told the jury that Norfolk was only responsible for negligence that directly caused his injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same.

FELA vs. Safety Appliance Act

Unlike workers' compensation laws and the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence leading to injuries. This is a significant distinction for injured workers in high-risk sectors. This allows them to receive compensation for their injuries and to support their families following an accident. The FELA was passed in 1908 in recognition of the inherent dangers associated with the job and to establish standard liability requirements for companies that manage railroads.

FELA requires railroads to offer a safe working environment for their employees. This includes the use of properly maintained and repaired equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. To be successful an injured worker must show that their employer did not fulfill their obligation of care by failing to provide them with a safe working environment, and that their injury was the direct result of the failure.

Some employees may find it difficult to meet this requirement, particularly in the event that a defective piece of equipment can be the cause of an accident. This is why having a lawyer with expertise in FELA cases can be of assistance. A lawyer who knows the safety requirements for railroaders, as well as the regulations that regulate these requirements, can strengthen a worker's legal case by providing a solid legal base.

Certain railroad laws that could help a worker's FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and require that rail corporations, and in some cases, their agents (like managers, supervisors or executives of companies) must follow these rules in order to ensure the safety of their employees. Violating these statutes can constitute negligence in and of itself, meaning that a violation of one of these rules is sufficient to justify a claim for injury under FELA.

An illustration of an infraction to the railroad statute is when an automatic coupler or grab iron isn't correctly installed or is defective. If an employee is injured because of this, 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).

FELA vs. Boiler Inspection Act

FELA is a series of federal laws that allow railroad workers and their families to collect substantial damages for injuries that they sustain during work. This includes compensation for the loss of earnings and benefits including medical expenses, disability payments, and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be sought. This is to punish the railroad and deter other railroads from engaging similar actions.

Congress approved FELA in response to the public's anger in 1908 at the shocking rate of accidents and deaths on railroads. Prior to FELA there was no legal mechanism for railroad workers to sue their employers if they were injured on the job. Injured railroad workers and their families were frequently left without adequate financial support during the period that they could not work due to their injury or the negligence of the railroad.

Under the FELA, railroad workers who suffer injuries may file a claim for damages in federal or state courts. The law eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative fault. The act determines a railroader's share of responsibility for an accident by comparing their actions with those of their coworkers. The law also allows for the possibility of a jury trial.

If a railroad company violates any of the federal railroad safety laws, like The Safety Appliance Act or Boiler Inspection Act, it is held liable for any injuries that result. The railroad does not have to prove that it was negligent or the fact that it caused an accident. It is also possible to file a claim under the Boiler Inspection Act when an employee is injured as a result of exposure to exhaust fumes from diesel engines.

If you've been injured on the job as a railroad worker you should consult a skilled railroad injury lawyer immediately. A good lawyer can assist you in submitting your claim and obtaining the most benefits possible for the time you are not working due to your injury.