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How To Outsmart Your Boss On Federal Employers
Workers Compensation Vs Federal Employers Liability Act

Industries with high risk of injury that suffer injuries 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).

In order to recover damages under FELA workers must prove that their injury was caused partially due to negligence on the part of the employer.

FELA Vs. Workers' Compensation

There are some differences between workers' compensation and FELA while both laws provide protection to employees. These differences are based on the process of claiming, fault assessment and the kinds of damages awarded in cases of death or injury. Workers' compensation law offers rapid assistance to injured workers regardless of who was responsible for the accident. FELA requires that claimants demonstrate that their railroad's employer is at the very least partially responsible for their injuries.

FELA also permits workers to sue federal courts in lieu of the state workers' compensation system, and also allows a trial with a jury. It also sets specific rules for the calculation of damages. For instance an employee can receive an amount of compensation that is up to 80 percent of their weekly earnings, as well as medical expenses and an affordable cost of living allowance. A FELA lawsuit may also provide compensation for pain and discomfort.

To be successful in a FELA claim, a worker must demonstrate that the railroad's negligence was at least a factor in the injury or death. This is a higher standard than what is required to be successful in a claim under workers' compensation. This is a part of the history of FELA. In 1908, Congress passed FELA to enhance rail safety by allowing injured workers to claim damages.

As a result of over a century of FELA litigation railway companies are now able to implement safer equipment, but trains, tracks, railroad yards and machine shops are still 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.

If you are a railway employee who was injured in the course of work it is imperative to 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 an approved DLC firm in your area.

FELA vs. Jones Act

The Jones Act is a federal law that permits seamen to sue their employers for work-related injuries and deaths. The Jones Act was passed 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 workers on land. It was closely modeled on the Federal Employers Liability Act (FELA), which protects railroad workers, and was tailored to address the specific needs of maritime employees.


The Jones Act, unlike workers' compensation laws that limit the amount of compensation for negligence to the amount of lost wages for an injured worker and provides unlimited liability in maritime cases involving negligence by employers. In addition under the Jones Act, plaintiffs are not required to prove that their injury or death was directly caused by the negligence of an employer's actions. The Jones Act also allows injured seamen to sue their employers for damages that are not specified including future and past suffering and pain, past and future loss of earnings capacity, and mental distress.

A suit for a seaman under the Jones Act can be brought in either an state court or a federal court. In a case brought 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 by jury.

In the case of Norfolk Southern Railway Company v. Sorrell the US Supreme Court was asked to clarify whether a seaman's involvement in their own injury was subject to a stricter evidence standard than FELA claims. The Court decided that the lower courts were correct when they ruled that the seaman must prove his role in the accident directly caused his 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 and they had instructed the jury that Norfolk was solely accountable for the negligence that directly caused his injury. Norfolk argued that the causation standard should be the same in FELA and Jones Act cases.

Safety Appliance Act vs. FELA

The Federal Employers' Liability Act allows railroad workers to sue directly their employers for negligence that led to injuries. This is an important distinction for injured workers who work in high-risk industries. This enables workers to receive compensation for their injuries and to maintain their families after an accident. The FELA was passed in 1908 to acknowledge the inherent dangers of the job and to set up uniform liability standards for companies that manage railroads.

fela lawsuit settlements requires that railroads offer a safe working environment for their employees. This includes the use of repaired and maintained equipment. This includes everything from trains and cars to tracks, switches, and other safety gear. In order for an injured worker to be successful in a lawsuit, they must prove that their employer breached their duty of care by not providing a safe work environment, and that the injury was a direct result of the inability.

This rule can be a challenge for some workers, particularly when a malfunctioning piece of equipment is involved in an accident. This is why an attorney with experience in FELA cases can be helpful. An attorney who understands the specific safety requirements for railroaders as well as the regulations that govern them can help a worker's case by establishing a solid legal foundation.

The Railroad Safety Appliance Act and the Locomotive Inspection Act are two railroad laws that could strengthen workers' FELA claim. These laws, also referred to as "railway statues," require that rail companies and, in certain cases their agents (such as managers, supervisors, or company executives) must adhere to these rules to ensure the safety of their employees. Infractions to these laws can be considered negligence per se, meaning that a violation of one of these rules is enough to justify an injury claim under FELA.

If an automatic coupler grab iron, or any other device for railroads is not installed properly or is defective it is a typical instance of a lawful railroad violation. This is an obvious violation of the Safety Appliance Act, and if an employee is hurt because of it they could be entitled to compensation. The law stipulates that the claims of the plaintiff can be reduced if they were responsible in any way to the injury (even even if the injury is minor).

FELA Vs. Boiler Inspection Act

FELA is a series of federal laws which allow railroad employees and their families to collect substantial damages for injuries that they sustain on the job. This includes compensation for lost earnings as well as benefits like medical expenses, disability payments and funeral expenses. Additionally in the event that an injury causes permanent impairment or death, a claim could be filed for punitive damages. This is in order to punish the railroad and discourage other railroads from engaging in similar conduct.

Congress passed FELA in 1908 as a result of public outrage over the appalling rate of accidents and fatalities on railroads. Before FELA there was no legal avenue for railroad workers to sue their 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 period they were unable to work because of their injuries or negligence on the part of the railroad.

Under the FELA railroad workers who suffer injuries can seek damages in state or federal courts. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk, and replaced them with the concept of comparative fault. The law determines a railroad worker’s portion of the responsibility for an accident by comparing their actions to those of their coworkers. The law permits a trial by jury.

If a railroad operator violates the federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is solely responsible for any injuries resulting from the violation. The railroad does not need to prove negligence or contribute to an accident. You may also file an action to recover injuries caused by exhaust fumes from diesel engines 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 good lawyer can help you file your claim and get the maximum amount of compensation during the time you are not able to work because of the injury.

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