The vast majority of workers in the United States are eligible to recover compensation for injuries sustained at work through a system known as workers’ compensation. However, it’s critical to understand that some industries have their own processes for compensating injured employees. One such area is the railroad industry. If you have been injured while working on our nation’s railroads, the following blog explores the steps you should take to recover the compensation you deserve. You’ll also discover the importance of connecting with a FELA lawyer to discuss your legal options.
Can Railroad Workers File for Workers’ Compensation?
It’s imperative to understand that if you are a railroad employee, you cannot file for workers’ compensation. Those who work for the railways must file a claim under the Federal Employers’ Liability Act (FELA).
FELA is a federal law enacted in response to the staggering number of injuries that railroad workers faced annually. The federal government, in an effort to reduce injuries, enacted FELA to hold employers liable for injuries inflicted due to their negligence. Despite the fact that working on the railroads is inherently dangerous, FELA has made it considerably safer for employees by holding their employers financially responsible for injuries caused by unsafe working conditions. However, railroad companies still attempt to cut corners when it comes to safety, instead prioritizing productivity and profit.
How Does FELA Differ from Workers’ Comp?
FELA and workers’ compensation, though both provide injured employees with damages, are drastically different. One of the biggest differences lies in the fact that those who file a FELA claim have a much different burden of proof. When you file workers’ compensation, you’ll find that even if your negligence led to the accident, you can recover funds. The only times in which you are barred from receiving compensation are if you were intoxicated, fooling around, off the clock, or involved in a physical altercation with another employee.
However, the burden of proof for FELA is much more stringent. Unlike workers’ compensation, you must be able to prove that your employer was at least partially responsible for the injury you sustained. This is because FELA operates under a comparative negligence statute.
The reason that the burden of proof is higher for FELA is that the compensation you can recover is much more comprehensive than traditional workers’ compensation. Unlike workers’ comp, which will cover your medical bills and a portion of your lost wages, FELA will cover almost all of your damages. This includes medical bills, full lost wages, reduced earning capacity, and emotional damages.
As you can see, FELA is considerably different from workers’ compensation and is much more complicated. That is why it’s imperative to connect with an experienced attorney as soon as possible to discuss your legal options if you’ve been injured while on the railroad due to the negligent actions of your employer. When you need help, the team at Doran & Murphy is ready to assist you. Connect with us today to learn more.
