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5 Federal Employers Myths You Should Avoid
Workers Compensation Vs Federal Employers Liability Act

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

To claim damages under the FELA, a victim must be able to prove that their injuries were at least in part caused by the negligence of the employer.

FELA vs. Workers' Compensation

While both workers compensation and FELA are laws that provide protection to employees, there are a few differences between them. These differences are related to the process of submitting claims, fault evaluation and the types of damages that are awarded for death or injury. Workers' compensation laws provide immediate aid to injured workers, regardless of who was at fault for the accident. FELA, however demands that claimants prove that their railroad company was at least partially responsible for their injuries.

FELA also allows workers to sue federal courts instead of the state workers' compensation system, and provides a trial by jury. It also provides specific rules for determining damage. A worker may receive up to 80% of their average weekly salary, as well as medical expenses and a reasonable cost-of-living benefit. A FELA lawsuit may also include compensation for pain and discomfort.

In order to win a FELA claim the worker must show that the railroad's negligence was at the very least a factor in the injury or death. This is a far higher standard than that required to be successful in a claim under workers' compensation. This is a consequence of the FELA's past. In 1908, Congress passed FELA in an effort to increase security on rails by permitting workers to sue for significant damages when they were injured in the course of their employment.


Despite fela settlements that railroad companies have been suing for more than 100 years, they employ dangerous equipment and tracks for trains, as well as in their yards, machine shops, and other workplaces. This makes FELA essential for ensuring the safety of all railway workers as well as taking action against employers' inability to protect their employees.

If you are a railway worker who has been injured on the job, it is crucial that you seek legal advice as quickly as possible. Contacting a BLET designated legal counsel (DLC) firm is the best way to get started. Click here to find the DLC firm in your region.

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 protect sailors who put their lives at risk on the high seas or other navigable waters. They are not covered by workers' compensation laws, unlike workers on land. It was modeled on the Federal Employers' Liability Act (FELA), which covers railroad workers. It was also tailored to accommodate the needs of maritime employees.

Unlike workers' compensation laws that limit the amount of compensation for negligence to a maximum amount of an injured worker's lost wages, the Jones Act provides unlimited liability for maritime plaintiffs in cases involving employer negligence. Additionally, under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by the negligence of an employer's conduct. The Jones Act allows injured seamen to sue their employers in order to recover damages that are not specified including the suffering and pain, future loss of earning capacity as well as mental distress, for example.

A claim for a seaman under the Jones Act can be brought either in an state court or a federal court. The plaintiffs in a suit filed under the Jones Act have the right to a jury trial. This is a completely different approach than most workers' compensation laws which are usually legal and do not give injured employees the right to a jury trial.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was requested to clarify if a seaman’s contribution to their own injury was subject to a more strict evidence standard than FELA claims. The Court held that lower courts were right when they ruled that a seaman must prove that his involvement in the accident directly caused his injury.

Sorrell was awarded US$1.5 million in compensation for his injury. Norfolk Southern, Sorrell's employer asserted that the guidelines given to the jury by the trial court were incorrect, as they instructed the jury that Norfolk was only responsible for negligence that directly caused his injury. Norfolk argued the standard of causation in FELA cases and Jones Act cases should be the exact same.

Safety Appliance Act vs. FELA

In contrast to the laws governing workers' compensation in contrast, 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. After an accident, they can be compensated and maintain their families. The FELA was enacted in 1908 to recognize the inherent dangers of the job and to establish standard liability requirements for companies that manage railroads.

FELA requires railroads to provide a safe work environment for their employees. This includes the use of maintained and repaired equipment. This includes everything from cars and locomotives to tracks, switches, and other safety equipment. To allow an injured worker to be successful in a claim they must show that their employer violated their duty of care by failing to provide a safe work environment and that the injury occurred as a direct result of the inability.

Some workers may have difficulty to comply with this requirement, especially in the event that a defective piece of equipment is responsible for causing an accident. This is why a lawyer who has experience in FELA cases can be helpful. A lawyer who knows the safety requirements for railroaders, and the regulations that govern these requirements, can help strengthen a worker's legal case by providing a solid legal base.

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 known as "railway statutes" and mandate that rail corporations, and in certain cases their agents (like managers, supervisors, or company executives) must comply with these rules to ensure the safety of their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation is enough to support a claim for injury under the FELA.

When an automatic coupler, grab iron or other railroad device is not installed properly or is damaged it is a typical instance of a railroad law violation. If an employee is injured due to this, they may be entitled to compensation. However, the law also stipulates that if the plaintiff contributed to the injury in any way (even the injury is not severe), their claim may be reduced.

FELA Vs. Boiler Inspection Act

FELA is a set of federal laws which allows railroad workers and their family members to claim substantial damages if they get injured while on the job. This includes compensation for lost earnings as well as benefits like disability payments, medical expenses and funeral expenses. If an injury results in permanent impairment or death, punitive damages may also be claimed. This is to penalize the railroad and deter other railroads from engaging in similar actions.

Congress passed FELA in 1908 in response to public outrage over the appalling number 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 while on the job. Injured railroad workers and their families were often left without adequate financial support during the period they were unable to work because of their injuries or the negligence 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 the assumption of risk and replaced them with the concept of comparative fault. The law determines a railroad worker’s share of responsibility for an accident by comparing their actions with the actions of their coworkers. The law also allows for the possibility of a jury trial.

If a railroad company is found to be in violation of federal railroad safety statutes such as 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 contribute to an accident. You can also bring an action to recover injuries caused by diesel exhaust fumes under the Boiler Inspection Act.

If you have been injured on the job as a railroad worker you should consult a skilled railroad injury attorney immediately. A qualified lawyer can assist you file your claim and get the most benefits in the event that you are unable to work due to the injury.