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The Most Valuable Advice You Can Receive About Federal Employers
Workers Compensation Vs Federal Employers Liability Act

If workers in high-risk industries are injured, they are typically protected by laws that hold employers to higher safety standards. Federal Employers' Liability Act for instance, protects railroad employees.

To claim damages under the FELA the victim must demonstrate 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 protection to employees, there are some significant differences between the two. These differences are based on the process of claiming, fault assessment and types of damages awarded in cases of death or injury. Workers' compensation law offers rapid aid to injured workers, regardless of who is responsible for the accident. FELA however, however requires claimants to prove that their railroad employer was at least 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 sets specific guidelines for the calculation of damages. A worker may receive up to 80% their average weekly wage as well as medical expenses and an appropriate cost-of-living allowance. Furthermore the FELA suit may include additional compensation for pain and suffering.

In order for a worker to be successful in a FELA case they must prove that negligence by the railroad played at least a part in the resulting injury or death. This is a much higher standard than what is required to be successful in a claim under workers compensation. This is a result of the history of FELA. In 1908, Congress passed FELA to increase rail safety by permitting injured workers to sue for damages.

As fela accident attorney of over a century of FELA litigation railway companies today regularly adopt and use safer equipment, but railroad tracks, trains, yards and machine shops remain one of the most hazardous work environments. FELA is crucial to ensure the safety of railway workers, and to correct employers' inability to protect their employees.

If you are a railway worker who has suffered an injury on the job it is imperative to seek legal advice as soon as you can. Contacting a BLET authorized legal counsel (DLC) firm is the most effective way to start. Follow this link 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. The Jones Act was enacted in 1920 as a way 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 closely modeled after the Federal Employers Liability Act (FELA), which covers railroad workers, and was specifically designed to meet the unique needs of maritime employees.

The Jones Act, unlike workers compensation laws which restrict the amount of compensation for negligence to a maximum of lost wages for injured workers, provides unlimited liability in maritime cases involving negligence by employers. The Jones Act does not require plaintiffs to prove that their employer's negligence led to their death or injury. The Jones Act allows injured seamen to sue their employers to seek compensation for unspecified damages, such as the past and present suffering and pain, as well as future loss of earning capacity and mental distress, among others.

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

In the case of Norfolk Southern Railway Company v. Sorrell, the US Supreme Court was asked to clarify whether a seaman's contribution to his or his own injury was subject to a higher standard of evidence than the standard of proof in FELA cases. The Court ruled that the lower courts were correct in determining that the seaman's involvement in his own accident has to be proven to have directly caused his or her injury.

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

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 major distinction for injured workers in high-risk sectors. After an accident, they are able to be compensated and maintain their families. The FELA law, which was passed in 1908, was an acknowledgement of the inherent hazards of the job. It also set up uniform liability standards.

FELA requires railroads to provide a safe work environment for their employees, including the use of properly maintained and repaired equipment. This includes everything from locomotives and cars to tracks, switches and other safety equipment. To allow an injured worker to prevail in a claim they must prove that their employer breached their duty of care by failing to provide a reasonably safe working environment and that the injury was directly caused by the negligence.

Some employees may find it difficult to meet this requirement, particularly if a defective piece equipment is involved in causing an accident. This is why having a lawyer who has expertise in FELA cases can be helpful. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance the case of a worker, by providing a solid legal basis.

Some railroad laws that may help workers' FELA case include the Locomotive Inspection Act and the Railroad Safety Appliance Act. These laws are known as "railway statutes" and require that railroad corporations, and in certain cases, their agents (like managers, supervisors, or executives of companies) must comply with these rules in order to ensure the safety of their employees. The violation of these statutes could be considered negligence in and of themselves, meaning that a violation can be considered sufficient to justify a claim for injuries under the FELA.


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

FELA in opposition to. Boiler Inspection Act

FELA is a set of federal laws that allow railroad workers and their families to claim significant damages for injuries they that they sustain during work. This includes compensation for lost earnings and benefits such as disability payments, medical expenses and funeral costs. Additionally, if an injury results in permanent impairment or death, a claim could be filed for punitive damages. This is to punish the railroad and discourage other railroads from engaging in similar actions.

Congress adopted FELA in 1908 as a result of public outrage at the alarming number of fatalities and accidents on railroads. Prior to FELA there was no legal way for railroad workers to sue their employers if they suffered injuries on the job. Railroad workers who were injured and their families were frequently left without financial support during the period that they could not work due to their injury or the negligence of the railroad.

Railroad workers injured in an accident can file claims for damages under FELA in either federal or state court. The act has replaced defenses like the Fellow Servant Doctrine or assumption of risk by establishing the concept of 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 allows for the jury to decide on the case.

If a railroad carrier violates a federal railroad safety law like The Safety Appliance Act and Boiler Inspection Act it is completely liable for any injuries resulting from the violation. It is not necessary for the railroad to prove it was negligent or even that it was a cause of an accident. You can also bring a claim for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you have been injured while working as a railroad worker you should contact an experienced railroad injury attorney immediately. A good lawyer can assist you in filing your claim and getting the maximum benefits available for the time you aren't able to work because of the injury.

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