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Workers Compensation Vs Federal Employers Liability Act

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

To be able to claim damages under FELA the 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

While both workers' compensation and FELA are laws that provide protection to employees, there are a few differences between them. These differences relate to the process of submitting claims, fault evaluation and the types of damages that are awarded for injury or death. Workers' compensation laws provide immediate relief to injured workers, regardless of who is at fault for the accident. FELA requires that claimants show that their railroad employer is at the very least partially responsible for their injuries.

In addition, FELA allows workers to sue federal courts, rather than the state's workers compensation system. It also allows a jury trial. It also has specific rules for determining damages. For instance workers can be awarded an amount of compensation that is up to 80% of their average weekly wage, plus medical expenses and a reasonable cost of living allowance. Moreover the FELA suit could also include compensation for pain and suffering.

To be successful for a worker in a FELA case they must prove that the railroad's negligence was at least a small part in the death or injury. This is a higher standard than the one required to win a workers compensation claim. This is a result of the FELA's history. In 1908, Congress passed FELA in an effort to increase security on rails by permitting workers to sue for large damages if they suffered injuries in the course of their work.

As a result of over a century of FELA litigation railway companies today regularly implement safer equipment, but trains, tracks, railroad yards and machine shops are among the most dangerous work environments. This makes FELA essential for ensuring the safety of all railway workers and addressing the failures of employers to protect their employees.


It is essential to seek legal counsel as soon as you can if you are a railway worker who has been injured at work. Contacting a BLET designated legal counsel (DLC) firm is the most effective way to start. Follow this link to find an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is federal law which allows seafarers to sue their employer for any injuries or deaths they suffer on the job. The Jones Act was enacted in 1920 as a means to protect sailors who are at risk on the high seas and other navigable waters. They are not covered by workers' compensation laws unlike employees who work on land. It was modeled on the Federal Employers Liability Act (FELA) which was which covers railroad employees. It was also designed to meet the needs of maritime employees.

Unlike workers' compensation laws, which limit recovery for negligence to a maximum 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 that their death or injury was directly resulted from an employer's negligent conduct. The Jones Act also allows injured seamen to sue their employers for unspecified damages including future and past suffering and pain in the past and future, loss of earnings capacity and mental distress.

A claim for a seaman in the Jones Act can be brought in the state court or in a federal court. Plaintiffs in a suit brought under the Jones Act have the right to jury trial. This is a fundamentally different approach to the majority of workers' compensation laws which are typically statute-based and do not grant injured employees the right to a jury trial.

In the case Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's contribution to their own injuries was subject to a more strict proof standard than in FELA claims. The Court held that the lower courts were correct when they determined that a seaman's role in his own accident must be proved to have directly contributed to the injury.

Sorrell received US$1.5 million as compensation for his injury. railroad injury fela lawyer , Norfolk Southern, argued that the trial court's instructions to the jury were incorrect in that they instructed the jury to decide to hold Norfolk responsible only for any negligence that directly contributed to the 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

Contrary to laws regarding workers' compensation in contrast, the Federal Employers' Liability Act allows railroad employees to sue their employers directly for negligence that led to injuries. This is a significant distinction for injured workers who work in high-risk sectors. This allows them to receive compensation for their injuries and to maintain their families after an accident. The FELA law, which was passed in 1908 was an acknowledgment of the inherent hazards of the work. It also set up uniform liability standards.

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

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. Having an attorney that understands the specific safety requirements for railroaders as well as the regulations that govern them can improve the case of a worker by providing a solid legal foundation.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen a worker’s FELA claim. These laws, also known as "railway statues," require that rail companies and, in certain cases their agents (such as supervisors, managers or company executives) must adhere to these rules to ensure the safety their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation is sufficient to support a claim of injuries under the FELA.

If an automatic coupler, grab iron, or any other railroad device is not installed correctly or is defective it is a typical instance of a railroad law violation. If an employee is injured as a result of this, they could be entitled to compensation. The law stipulates that the claim of the plaintiff could be reduced if they contributed in any way to the injury (even even if the injury is minor).

Boiler Inspection Act vs. FELA

FELA is a set of federal laws that allows railroad workers and their family members to claim significant damages if they suffer injuries on the job. This includes compensation for lost earnings and benefits like medical expenses, disability payments and funeral costs. Additionally in the event that an injury causes permanent impairment or death, a claim may be filed for punitive damages. This is in order to punish the railroad and dissuade other railroads from engaging similar actions.

Congress approved FELA as a response to the public's outrage in 1908 about the alarming number of deaths and accidents on railroads. Prior to FELA there was no legal avenue for railroad workers to sue employers for injuries they sustained in the course of their work. Injured railroad workers, and their families, were often left without financial support during the time they were unable to work because of their injuries or negligence on the part of the railroad.

Railroad workers who are injured 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 the concept of comparative fault. This means that a railroad worker's portion of the responsibility for an accident is determined by comparing his actions to those of his coworkers. The law also allows for a jury trial.

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

If you are a railroad employee who has suffered an injury and you need to immediately seek out an experienced railroad injury lawyer. A good lawyer will be able to assist you in filing your claim and getting the highest amount of benefits for the time you aren't able to work because of the injury.