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Workers Compensation Vs Federal Employers Liability Act

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

To be able to claim damages under the FELA the victim must be able to prove that their injuries were at least partially caused through the negligence of the employer.

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that provide protection to employees, there are significant differences between the two. These differences are based on the process of filing claims, fault assessment and types of damages awarded in instances of injury or death. Workers' compensation law gives quick assistance to injured workers regardless of who is at fault for the accident. FELA requires that claimants demonstrate that their railroad company is at a minimum partially responsible for their injuries.

FELA also permits plaintiffs to sue federal courts in lieu of the state workers' compensation system and allows for a trial by jury. It also provides specific rules for determining damage. For example workers can be awarded compensation of up to 80% of their average weekly earnings, as well as medical expenses and an appropriate cost of living allowance. Additionally an FELA suit could also include compensation for pain and suffering.

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

Despite the fact that railroad companies have been suing for more than 100 years, they continue to employ dangerous equipment and train tracks as well as in their machines shops, yards and other work areas. FELA is important to ensure the safety of railway workers and to tackle employers' inability to protect their employees.

If you are a railway employee who has been injured in the course of work it is essential that you seek legal advice as soon as you can. The best way to start is to contact an approved designated Legal Counselor from BLET (DLC). Click here to find a BLET-approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that allows 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 as they are not covered by the laws on workers' compensation like those that cover employees on land. It was closely modeled on the Federal Employers Liability Act (FELA), which covers railroad workers, and was designed to meet the unique needs of maritime employees.

The Jones Act, unlike workers' compensation laws that limit the amount of negligence recovery to the amount of lost wages for injured workers and provides unlimited liability in maritime cases that involve negligence by employers. Additionally to this, under the Jones Act, plaintiffs are not required to prove their injury or death was directly caused by 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, past and future loss of earnings capacity, and mental distress.





A claim for a seaman under the Jones Act can be brought either in a state court or a federal court. In a suit under the Jones Act, plaintiffs have the right to a jury trial. This is a fundamentally new approach to the laws governing workers' compensation. The majority of these laws are statutory and do not give injured employees the right to trial by jury.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify if a seaman’s contribution to their own injury was subject to a stricter evidence standard than FELA claims. The Court ruled that the lower courts were right in determining that the seaman's involvement in his own accident must be proved to have directly contributed to his or her injury.

Sorrell was awarded US$1.5 million for his injuries. Norfolk Southern, Sorrell's employer claimed that the instructions given to the jury by the trial court were incorrect in that they told the jury that Norfolk was solely responsible for the negligence that caused the injury. Norfolk claimed that the standard of causation in FELA cases and Jones Act cases should be exactly the same.

FELA Vs. Safety Appliance Act

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that resulted in injuries. This is a significant distinction for injured workers who work in high-risk sectors. After fela accident attorney , they can be compensated and provide for their families. The FELA law, which was passed in 1908 was an acknowledgment of the inherent hazards of the work. It also set up uniform standards for liability.

FELA requires railroads to provide a safe workplace for their employees. This includes the use of properly repaired and maintained equipment. This includes everything from trains and cars to switches, tracks, and other safety equipment. In order for an injured worker to be successful in a lawsuit they must show that their employer acted in breach of their duty of care by not providing a safe work environment and that the injury was a direct result of the negligence.

This requirement can be difficult to meet for some workers, particularly when a defective piece of equipment is involved in an accident. An attorney with experience in FELA claims is a great resource. A lawyer who knows the safety requirements for railroaders and the regulations that govern these requirements, can help bolster a worker's legal case by giving a solid legal basis.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that can strengthen a worker’s FELA claim. These laws are referred to as "railway statutes" and require that railroad corporations, and in certain instances their agents (like managers, supervisors or company executives) must comply with these rules to protect their employees. Violations of these statutes may be considered negligence in and of themselves, which means that a violation is sufficient to support a claim for injuries under the FELA.

A typical example of an infraction to the railroad statute is when an automatic coupler or grab iron is not properly installed or has a defect. This is clearly a violation of the Safety Appliance Act, and if an employee is hurt due to the incident the employee may be entitled to compensation. However, the law states that if the plaintiff was a contributor to the injury in some way (even the injury is not severe), their claim may be reduced.

Boiler Inspection Act vs. FELA

FELA is a set of federal laws which allow railroad workers and their families to claim substantial damages from injuries that they sustain on the job. This includes compensation for lost earnings as well as benefits such as disability payments, medical expenses and funeral expenses. If an injury causes permanent impairment or death, punitive damages could also be sought. This is to penalize the railroad for negligent acts and deter other railroads from engaging in similar behavior.

Congress passed FELA in 1908 in response to public outrage over the appalling rate of fatalities and accidents on railroads. Before FELA there was no legal mechanism for railroad workers to sue their employers if they were injured at work. Injured railroad workers and their families were often left without adequate financial aid during the time they were unable work due to injuries or negligence on the part of the railroad.

Railroad workers who are injured can bring claims for damages under FELA in either federal or state court. The law eliminated defenses such as The Fellow Servant Doctrine and the assumption of risk and replaced them with a system 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 allows for an investigation by jury.

If a railroad company violates a federal railroad safety statute, such as The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries that result. The railroad does not have to prove that it was negligent or contribute to an accident. It is also possible to file an action under the Boiler Inspection Act when an employee is injured due to exposure to diesel exhaust fumes.

If you've been injured on the job as a railroad employee, you must contact a seasoned railroad injury lawyer immediately. A good lawyer will be able to assist you in submitting your claim and receiving the highest amount of benefits during the time that you are not working due to your injury.