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Federal Employers: What's The Only Thing Nobody Is Discussing
Workers Compensation Vs Federal Employers Liability Act

In high-risk industries, workers who are injured are typically protected by laws that require employers to higher standards of safety. Railroad workers, for instance are covered by the Federal Employers' Liability Act (FELA).

To recover damages under the FELA the plaintiff must prove that their injury was at a minimum, caused through the negligence of the employer.

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that provide protections to employees, there are significant differences between the two. These distinctions are related to the process of claiming, fault assessment and types of damages awarded in instances of death or injury. Workers' compensation law offers immediate aid to injured workers, regardless of who was responsible for the accident. FELA requires that claimants show that their railroad employer is at least partially responsible for their injuries.

Additionally, FELA allows workers to sue federal courts instead of the state's worker compensation system. It also allows jurors for trials. It also sets specific rules for determining damages. A worker could receive up to 80% their average weekly salary, together with medical expenses, and a reasonable cost-of-living benefit. Furthermore the FELA suit could include compensation for pain and suffering.

In order for a worker to be successful in a FELA case, they must show that the railroad's negligence was at least a part in the resulting injury or death. This is a higher level than that required to win a workers' compensation claim. This is a consequence of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to seek damages.


Despite the fact that railroad companies have been suing for over 100 years, they employ dangerous equipment and train tracks, as well as in their machine shops, yards, and other workplaces. FELA is crucial to ensure the safety of railway workers, and to correct employers' negligence in protecting their employees.

If you are a railway employee who was injured on the job it is essential to seek legal advice as soon as possible. The best method to start is to reach out to the BLET-approved Legal Counsel (DLC). Click here to locate a DLC firm in your region.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employers for injuries or fatalities on the job. The Jones Act was passed in 1920 as a way 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 closely modeled after the Federal Employers Liability Act (FELA) which covers railroad workers, and was designed to meet the unique requirements of maritime workers.

The Jones Act, unlike workers' compensation laws that limit the amount of negligence compensation to a maximum 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 caused their death or injury. The Jones Act allows injured seamen to sue their employers to recover damages that are not specified including the past and present suffering and pain, as well as future loss of earning capacity as well as mental distress, for example.

A suit for a seaman in the Jones Act can be brought in a state court or a federal court. Plaintiffs in a suit brought under the Jones Act have the right to a trial by jury. This is a fundamentally different approach to the majority of workers' compensation laws which are usually legal and do not give injured workers 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 subject to a stricter standard of proof than FELA claims. The Court decided that the lower courts were right in their decision that the seaman's involvement in his own accident has to be shown as having directly caused his or her injury.

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

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a major distinction for injured workers in high-risk sectors. This allows them to be compensated for their injuries and also to take care of their families following an accident. The FELA, which was passed in 1908, was a recognition of the inherent risks of the job. It also established uniform liability standards.

FELA requires railroads to provide a safe workplace for their employees. This includes the use of maintained and repaired equipment. This includes everything from trains and cars to tracks, switches and other safety equipment. To allow an injured worker to succeed in a lawsuit they must prove that their employer violated their duty of care by not providing a safe working environment and that the injury occurred as the direct result of that inability.

Some workers may find it difficult to meet this requirement, especially if a defective piece equipment can be the cause of an accident. An experienced lawyer who has experience with FELA claims can be of great assistance. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can improve the case of a worker, by providing a solid legal basis.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could help strengthen the worker's FELA claim. These laws, also known as "railway statues," require that rail corporations, and in some instances, their agents (such as supervisors, managers, or company executives), comply with these rules to ensure the safety of their employees. The violation of these statutes could be considered to be negligence in and of themselves, which means that a violation is sufficient to support a claim for injuries under the FELA.

When an automatic coupler, grab iron, or any other device for railroads is not installed properly or is damaged, this is a common instance of a lawful railroad violation. This is an obvious violation of the Safety Appliance Act, and should an employee be injured due to the incident they could be entitled to compensation. The law states that the claim of the plaintiff may be reduced if they were responsible in any way to the injury (even even if the injury is minor).

Boiler Inspection Act vs. FELA

FELA is a series of federal laws which allow railroad employees and their families to recover significant damages for injuries they caused during work. fela lawsuit settlements includes compensation for the loss of earnings and benefits including medical expenses as well as disability benefits and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be claimed. This is to punish the railroad and dissuade other railroads from engaging similar actions.

Congress passed FELA as a response to public outrage in 1908 at the shocking rate of fatalities and accidents on railroads. Prior to FELA there was no legal mechanism for railroad workers to sue their employers when they were injured at work. Injured railroad workers, and their families, were often denied financial assistance during the time they were unable work due to their injuries or negligence on the part of the railroad.

Under the FELA, railroad workers who suffer injuries are able to seek damages in federal or state courts. The law eliminated defenses like The Fellow Servant Doctrine and assumption of risk and replaced them with the concept of comparative fault. This means that the railroad worker's share of the blame for an accident is determined by comparing his actions with those of his coworkers. The law also permits the possibility of a jury trial.

If a railroad company violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is strictly liable for any injuries that result from it. It is not necessary for the railroad to prove that it was negligent or even that it was a to the cause of an accident. You can also make an action for injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you have been injured on the job as a railroad worker, you must contact a seasoned railroad injury attorney immediately. The right lawyer will be able to assist you in submitting your claim and receiving the highest amount of benefits for the time you aren't able to work because of your injury.