FELA is designed for railroad workers and requires proof of negligence, while workers’ compensation is a no-fault system used in most other industries. These differences can significantly affect your rights and the compensation available to you.
Overview of FELA
The Federal Railroad Administration explains:
“Under FELA, railroad workers have the right to bring claims directly against their employers for injuries sustained on the job, providing a remedy that is not available under state workers’ compensation laws.”
According to the U.S. Department of Labor:
“FELA provides that railroads are liable for injuries to their employees if they have been negligent. Compensation under FELA is based on comparative negligence, meaning an injured worker’s recovery may be reduced if they are partially responsible.”
FELA applies specifically to railroad employees. While it requires proof of negligence, it often allows for greater compensation than workers’ compensation.
Negligence requirement
Under FELA, the injured worker must show that the railroad’s negligence contributed to the injury. This creates a higher burden of proof compared to workers’ compensation.
Types of compensation
FELA allows recovery for:
- medical expenses
- lost wages (past and future)
- pain and suffering
- mental distress
Unlike workers’ compensation, these damages are not capped, which can result in significantly higher awards.
Legal process
FELA claims may be resolved through settlement or by going to trial. Because negligence must be proven, many workers choose to hire an attorney experienced in railroad cases.
Overview of workers’ compensation
Workers’ compensation is a state-regulated system that provides benefits to employees injured on the job.
No-fault system
Employees do not need to prove negligence to receive benefits. Compensation is available regardless of who caused the injury.
Benefits provided
Workers’ compensation typically covers:
- medical expenses
- rehabilitation costs
- a portion of lost wages
Some states also provide disability and death benefits.
Limited legal recourse
In exchange for guaranteed benefits, employees generally cannot sue their employer for negligence.
FELA vs. workers’ compensation
Coverage
- FELA: Covers railroad workers only
- Workers’ compensation: Covers most other industries
Fault and negligence
- FELA: Requires proof of employer negligence
- Workers’ compensation: No need to prove fault
Types of benefits
- FELA: Full damages including pain and suffering and future losses
- Workers’ compensation: Limited benefits focused on medical costs and partial wages
Legal recourse
- FELA: Allows lawsuits against the employer
- Workers’ compensation: Typically no lawsuits allowed
Potential compensation
- FELA: Potentially higher due to uncapped damages
- Workers’ compensation: Generally lower and capped