Notes

Federal Employers: What's The Only Thing Nobody Has Discussed
Workers Compensation Vs Federal Employers Liability Act

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

In order to recover damages under FELA, a worker must prove their injury was caused at least in part by negligence on the part of the employer.

Workers' Compensation vs. FELA

While both workers' compensation and FELA are laws that offer protections to employees, there are significant differences between them. These distinctions are related to the claims process, fault evaluation and the types of damages awarded in the event of death or injury. Workers' compensation law provides immediate assistance to injured workers regardless of who was responsible for the accident. FELA requires that claimants prove that their railroad company is at the very least partly responsible for their injuries.

Additionally, FELA allows workers to sue federal courts instead of the state's workers compensation system. It also allows the option of a jury trial. It also sets specific guidelines for determining damages. A worker could receive up to 80% their average weekly wage together with medical expenses and a reasonable cost-of-living benefit. A FELA lawsuit may also provide compensation for pain and discomfort.

To be successful for a worker in a FELA case they must prove that the railroad's negligence played at least a role in the death or injury. This is a higher requirement than what is required to win a workers' compensation claim. This requirement is a product of the FELA's history. In 1908, Congress passed FELA to improve rail safety by allowing injured workers to sue for damages.

As a result of over 100 years of FELA litigation, railway companies now regularly implement safer equipment, but railroad tracks, trains, yards and machine shops remain one of the most hazardous workplaces. FELA is important to ensure the safety of railway workers, and to tackle employers' negligence in protecting their employees.

If you are a railway employee who has been injured while on the job, it is crucial to seek legal advice as soon as you can. Contacting a BLET-approved legal counsel (DLC) firm is the best way to begin. Click on this link to find a DLC firm in your region.

FELA vs. Jones Act

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

The Jones Act, unlike workers compensation laws, which limit the amount of negligence compensation to a maximum of lost wages for injured workers and provides unlimited liability in maritime cases that involve negligence by employers. The Jones Act does not require plaintiffs to prove that an employer's negligence led to their injury or death. The Jones Act also allows injured seamen to sue their employers for damages that are not specified such as past and future suffering, past and future loss of earnings capacity, and mental distress.

A seaman's claim under the Jones Act may be brought in either a state or 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 workers' compensation laws. 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 their own injury was subject to a higher standard of evidence than the standard of proof in FELA cases. The Court decided that the lower courts were right in their decision that a seaman's contribution to his own accident has to be shown as having directly caused his or her injury.

Sorrell received US$1.5 million as compensation for his injury. Sorrell's employer, Norfolk Southern, argued that the trial court's instructions to the jury were erroneous in that they instructed the jury to decide to hold Norfolk responsible only for any negligence directly contributing to the injury. Norfolk also argued that the standard for causation in FELA cases and Jones Act cases should be the exact same.

FELA vs. Safety Appliance Act

Unlike workers' compensation laws in contrast, the Federal Employers' Liability Act allows railroad workers to sue their employers directly for negligence that leads to injuries. This is a major distinction for injured workers in high-risk industries. After an accident, they can be compensated and provide for their families. The FELA law, which was passed in 1908, was an acknowledgment of the inherent dangers of the job. It also established uniform standards for liability.

FELA requires railroads to provide a safe workplace 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 equipment. To be successful, an injured worker must show that their employer breached their obligation to them by failing to provide them with a safe working environment and that their injury was the direct result of the failure.

This requirement may be difficult to meet for some workers, especially when a malfunctioning piece of equipment is involved in an accident. A lawyer with experience in FELA claims can be a great help. Having an attorney that understands the specific safety requirements for railroaders and the regulations that govern them can enhance a worker's case 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 are known as "railway statutes" and require that rail corporations, and in certain instances their agents (like managers, supervisors, or company executives) must adhere to these rules in order to ensure the safety of their employees. Violations of these statutes may be considered negligence in and of themselves, meaning that a violation can be considered sufficient to support a claim of injury under the FELA.

A typical example of an infraction to the railroad statute is when an automatic coupler or grab iron isn't correctly installed or is defective. If an employee is injured due to this, they could be entitled compensation. The law stipulates that the claim of the plaintiff could be reduced when they contributed in any way to the injury (even when the injury is not severe).


Boiler Inspection Act vs. fela lawyers is a set of federal laws which allow railroad workers and their families to claim substantial damages from injuries caused during work. This includes compensation for loss of earnings and benefits like medical expenses or disability payments, as well as funeral expenses. In addition, if an injury results in permanent impairment or death, a claim could be brought for punitive damages. This is to penalize the railroad for negligent acts and discourage other railroads from engaging in similar actions.

Congress passed FELA in response to public outrage in 1908 at the shocking rate of accidents and deaths on railroads. Before FELA there was no legal basis for railroad workers to sue their employers when they were hurt while on the job. Injured railroad workers and their families were frequently left without financial support during the time they were unable to work because of their injuries or the negligence of the railroad.

Under the FELA, railroad workers who are injured can seek damages in federal or state courts. The act eliminated defenses such as The Fellow Servant Doctrine and assumption of risk and replaced them with a system of comparative blame. The act determines the railroad worker's portion of the responsibility for an accident by comparing their actions with the actions of their coworkers. The law also allows for an open trial before a 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 is not required to prove that it was negligent or contribute to an accident. You can also make an action for injuries caused by exhaust fumes from diesel engines under the Boiler Inspection Act.

If you've been injured on the job as a railroad employee, you must contact a seasoned railroad injury lawyer right away. The right lawyer will be able to assist you in submitting your claim and getting the highest amount of benefits in the time you are not working because of the injury.

Here's my website: https://vimeo.com/708481967