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.
What Is Workers’ Compensation?
Workers’ compensation is a state-based system that provides medical and financial benefits to workers who are injured on the job or fall ill due to work-related conditions. The vast majority of United States employers are required to obtain workers’ compensation benefits at no cost to their employees.
Key Features of Workers’ Compensation
- Workers’ compensation is a no-fault system that allows employees to recover funds for medical care and a portion of their lost wages regardless of who is responsible for the accident and subsequent injuries
- If you accept workers’ compensation benefits, you are generally unable to file a lawsuit against your employer for pain and suffering compensation
- Typical benefits include:
- Payment for lost wages
- Coverage for the cost of medical care
- Benefits to surviving dependents in the event of death
- Workers’ compensation is run by the state government, and most private-sector employees fall into this category
What Is the Federal Employers’ Liability Act (FELA)?
It’s imperative to understand that if you are a railroad employee, you cannot file for workers’ compensation because federal law provides a separate legal remedy for those who are injured or fall ill due to conditions of the railroad industry. Those who work for the railways must file a claim under the Federal Employers’ Liability Act (FELA).
Fela Explained
- FELA is codified under Title 45 of the U.S. Code and governs injury claims for the majority of railroad employees
- Unlike workers’ compensation, which is a no-fault system, you must show that your employer was at least partially negligent in order for a FELA claim to be successful
- FELA allows for a broader array of compensation, including medical expenses, pain and suffering, lost wages, and reduced earning capacity
- FELA claims can be filed in federal or state court, and the same rights will apply regardless of the venue
Why Are Railroad Workers Covered by Federal Law Instead of Workers’ Compensation?
Railroad employees are treated differently than other U.S. workers because of the fact that they operate across state lines and are considered interstate commerce workers. As such, this creates a standard for uniform compensation and worker safety. Congress passed FELA rather than placing workers under state workers’ compensation laws.
Historical and Legal Reasons for FELA Coverage
- Railroad work was one of the most dangerous industries through the early 1900s
- Congress determined that state workers’ compensation laws were not sufficient to regulate the claims of interstate railroad workers
- FELA was designed to encourage safe working conditions by holding employers financially responsible
- As trains cross state lines, FELA ensures comprehensive standard coverage for workers rather than different rules in every state
How Does FELA Differ From Workers’ Comp?
FELA and workers’ compensation, though both provide injured employees with damages, are drastically different. Understanding these key differences is critical to anticipating how your FELA claim will proceed and the criteria you must meet for your claim to be successful.
Key Differences Between FELA and Workers’ Comp
- Eligibility
- Railroad workers must seek compensation through FELA, as they cannot pursue funds through workers’ compensation for injuries sustained on the railroad
- Fault Requirements
- While workers’ compensation is a no-fault system, FELA requires an employee to prove their employer was at least slightly negligent in the accident that caused their injury or the conditions that caused their illness, though compensation can be reduced by your percentage of fault
- Damages Available
- Workers’ compensation only covered medical bills and partial lost wages, while FELA allows for more comprehensive economic and non-economic damages
- Burden of Proof
- Workers’ comp only requires proof of injury, while FELA requires a proof of a negligence connection between the injury and the condition
- Right to Sue
- Workers’ comp bars civil lawsuits, while under FELA, workers can take their employer to court
What Railroad Workers Should Do After an Injury
After suffering an injury while on the job, the steps you take immediately after can have a significant impact on the outcome of your claim. As such, collecting evidence and taking appropriate steps can help you preserve your legal rights in the fight for compensation.
Recommended Actions Post-Injury
- Immediately report the injury to your supervisor or employer
- Seek immediate medical attention
- Take photos and videos of the accident scene
- Get the names and contact information of witnesses
- Do not provide a recorded statement without first consulting an attorney
Contact an Experienced FELA Law Firm
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.
