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10 Myths Your Boss Is Spreading Regarding Federal Employers
Workers Compensation Vs Federal Employers Liability Act

When workers in high-risk industries are injured, they are generally protected by laws that hold employers to higher safety standards. Federal Employers' Liability Act for instance, protects railroad employees.

To be able to claim damages under FELA the worker must prove their injury was caused at the very least partly due to negligence on the part of the employer.

FELA vs. Workers' Compensation

While both workers' compensation and FELA are laws that offer protection to employees, there are significant differences between the two. These distinctions are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for death or injury. Workers' compensation law gives rapid aid to injured workers, regardless of who is at fault for the accident. FELA requires that claimants prove that their railroad company is at the very least partly responsible for their injuries.

In addition, FELA allows workers to sue in federal court rather than the state's workers compensation system. It also provides jurors for trials. It also provides specific rules for determining damages. For example workers can be awarded an amount of compensation that is up to 80% of their average weekly earnings, as well as medical expenses and an affordable cost of living allowance. Additionally, a FELA suit may include additional compensation for pain and suffering.

For a worker to succeed in a FELA case they must prove that the railroad's negligence played at least a role in the resulting injury or death. This is a much more stringent requirement than that needed for a successful claim under workers compensation. This is a consequence of FELA's history. In 1908, Congress passed FELA in order to improve safety on the rails by permitting workers to sue for large damages if they were injured during their job.

In the wake of more than a century of FELA litigation, railway companies now regularly adopt and deploy safer equipment, but the railway tracks, trains, yards and machine shops remain among the most dangerous work environments. FELA is important to ensure the safety of railway workers and to address employers' inability to protect their employees.

It is essential to seek legal advice as soon as you can when you are railway worker who is injured at work. Contacting a BLET-approved legal counsel (DLC) firm is the best way to get started. Click on this link to find 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 fatalities during work. 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 as they are not covered by the laws on workers' compensation like those that cover employees on land. It was modeled on the Federal Employers Liability Act (FELA) which was which protects railroad employees. It was also crafted to meet the needs of maritime workers.


The Jones Act, unlike workers' compensation laws that limit the amount of negligence compensation to the amount of lost wages for injured workers and provides unlimited liability in maritime cases that involve negligence by employers. Additionally under the Jones Act, plaintiffs are not required to prove that their death or injury was directly resulted from an employer's negligent behavior. The Jones Act also allows injured seamen to sue their employers for damages that are not specified like future and past suffering, past and future loss of earnings capacity and mental distress.

A claim by a seaman under the Jones Act may be brought in a state or federal court. In a suit under the Jones Act, plaintiffs 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 in nature and do not give injured workers 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 evidence than the standard of evidence in FELA cases. The Court ruled the lower courts were correct when they determined the seaman had to prove that his contribution to his accident directly caused his injury.

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

Safety Appliance Act vs. FELA

Unlike workers' compensation laws in contrast, the Federal Employers' Liability Act enables railroad employees to sue their employers directly for negligence that leads to injuries. This is a crucial distinction for injured workers working in high-risk fields. After an accident, they are able to be compensated and support their families. The FELA that was enacted in 1908, was an acknowledgement of the inherent dangers of the job. It also established standardized liability requirements.

FELA requires railroads to provide a secure working environment for their employees, including the use of well-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 reasonably safe working environment, and that their injury resulted directly from the failure.

This requirement can be a challenge for some workers, especially when a piece of equipment is involved in an accident. This is why having a lawyer with experience in FELA cases can be of assistance. A lawyer who is familiar with the safety requirements for railroaders, and the regulations that regulate these requirements, can help strengthen a worker's legal case by providing a solid legal foundation.

Some railroad laws that can aid the 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 instances their agents (like managers, supervisors, or executives of companies) 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 any one of these rules is sufficient to support an injury claim under FELA.

If an automatic coupler, grab iron or other device for railroads is not installed correctly or is damaged This is a common instance of a lawful railroad violation. This is clearly a violation of the Safety Appliance Act, and should an employee be injured due to the incident, they may be entitled to compensation. The law provides that the claim of the plaintiff could be reduced if they contributed in any way to the injury (even when the injury is not severe).

Boiler Inspection Act vs. FELA

FELA is a series of federal laws that allow railroad employees and their families to recover substantial damages for injuries caused during work. This includes the compensation for lost earnings and benefits like medical expenses, disability payments and funeral costs. In addition, if an injury causes permanent impairment or death, a claim may be filed for punitive damages. This is to penalize the railroad for negligent acts and deter other railroads from engaging in similar behavior.

Congress adopted FELA in 1908 as a result of public outrage over the shocking number of fatalities and accidents on railroads. Before FELA, there was no legal way for railroad employees to sue their employers when they were injured on the job. Railroad workers injured in the line of duty, and their families, were often left without adequate financial assistance during the time they were unable to work because of their injury or negligence by the railroad.

Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The act replaced defenses like the Fellow Servant Doctrine or the assumption of risk with a system based on comparative fault. The act determines the 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 violates one of the federal railroad safety laws, such as The Safety Appliance Act or Boiler Inspection Act, it is liable for all injuries that result. The railroad does not need to prove that it was negligent or that it contributed to an accident. You can also bring an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If fela lawsuits are a railroad worker who has been injured, you should immediately contact an experienced lawyer for railroad accidents. A good lawyer can help you file your claim and receive the maximum benefits during the time you are not able to work because of your injury.