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A Time-Travelling Journey What People Talked About Federal Employers 20 Years Ago
Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that suffer injuries are usually protected by laws which hold employers to higher standards of safety. Federal Employers' Liability Act is one example. It protects railroad employees.

In order to recover damages under FELA workers must prove that their injury was caused partly due to negligence on the part of the employer.

Workers' Compensation vs. FELA

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

FELA also allows workers to sue federal courts on behalf of the state workers' compensation system, and also allows a trial with a jury. It also sets specific guidelines for the determination of damages. For example an employee can receive compensation up to 80 percent of their average weekly wage, plus medical expenses and an appropriate cost of living allowance. Moreover an FELA suit may include additional compensation for pain and suffering.

For a worker to succeed in a FELA case, they must show that negligence by the railroad played at least a part in the death or injury. This is a much higher standard than what is required for a successful claim under workers' compensation. This is a consequence of FELA's history. In 1908, Congress passed FELA to enhance rail safety by permitting injured workers to claim damages.

In the wake of more than 100 years of FELA litigation railway companies are now able to adopt and use safer equipment, but trains, tracks, railroad yards and machine shops remain among the most dangerous work environments. FELA is crucial to ensure the safety of railway workers, and to address employers' inability to protect their employees.

It is important that you seek legal advice as soon as you can when you are railway worker who has been injured at work. The best method to start is by contacting the BLET designated Legal Counsel (DLC). Click here to find a DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers in the event of injuries and deaths. It was passed in 1920 to ensure that seamen are protected from risking their lives and limbs on the high seas and other navigable waters, since they are not covered by the laws on workers' compensation similar to those that protect 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.

The Jones Act, unlike workers compensation laws, which restrict the amount of negligence compensation to the maximum amount of lost wages for injured workers, provides unlimited liability in maritime cases that involve 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 allows injured seamen to sue their employers in order to recover unspecified damages including the suffering and pain, future loss of earning capacity and mental distress, among others.


A claim for compensation by a seaman under the Jones Act may be brought in either a federal or state court. In a case brought under the Jones Act, plaintiffs have the right to a jury trial. This is a completely new approach to the workers' compensation laws. The majority 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 more rigorous standard of proof than the standard of evidence in FELA cases. The Court held that lower courts were right when they determined the seaman had to prove that his involvement in the accident directly caused his 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, as they instructed the jury that Norfolk was only responsible for negligence that directly caused his injury. fela railroad settlements argued the standard of causation in FELA cases and Jones Act cases should be exactly the same.

Safety Appliance Act vs. FELA

In contrast to the laws governing workers' compensation and the Federal Employers' Liability Act enables railroad workers to sue their employers directly for negligence that leads to injuries. This is a significant distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and support their families. The FELA law, which was passed in 1908, was a recognition of the inherent hazards of the work. It also set up standardized liability requirements.

FELA requires railroads to provide a safe working environment for their employees, including the use of well-maintained and repaired equipment. This includes everything from cars and locomotives to switches, tracks, and other safety equipment. To be successful an injured worker must prove that their employer did not fulfill their obligation of care by failing to provide them with a reasonably secure working environment and that their injury was the direct result of this negligence.

Some employees may find it difficult to comply with this requirement, especially in the event that a defective piece of equipment is responsible for causing an accident. An attorney with experience in FELA claims can be of great assistance. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can enhance the case of a worker by providing 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 railroad corporations, and in some cases, their agents (like managers, supervisors or company executives) must comply with these rules in order to protect their employees. Violation of these laws could be considered negligence in and of itself, meaning that a violation of one of these rules is sufficient to justify a claim for injury under FELA.

If an automatic coupler, grab iron or another railroad device isn't installed correctly or is damaged This is a common example of a railroad law violation. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt as a result, they may be entitled to compensation. The law states that the claims of the plaintiff can be reduced when they contributed in any way to the injury (even when the injury is not severe).

FELA vs. Boiler Inspection Act

FELA is a set of federal laws that permit railroad employees and their families to claim substantial damages from injuries sustained during work. This includes compensation for loss of earnings and benefits, including medical expenses or disability payments, as well as funeral expenses. If an injury results in permanent impairment or death, punitive damages could also be claimed. This is in order to punish the railroad and discourage other railroads from engaging similar behavior.

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

Injured railroad workers can bring claims for damages under FELA in either state or federal court. The law eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame. The law determines a railroader's portion of the responsibility for an accident by comparing their actions to the actions of their coworkers. The law also allows for the possibility of a jury trial.

If a railroad operator is found to be in violation of federal railroad safety statutes such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. The railroad does not have to prove negligence or that it contributed to an accident. You may also file an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you have been injured while working as a railroad employee, you should consult a skilled railroad injury attorney immediately. A good lawyer will be able to assist you in filing your claim and receiving the highest amount of benefits in the time you aren't able to work because of the injury.