Is FELA the Same as Workers Compensation?
The Federal Employers’ Liability Act (FELA) and workers’ compensation both provide financial support to workers injured on the job, but the two systems function very differently. FELA is a specialized federal law that applies exclusively to railroad employees, while traditional workers’ compensation laws cover most other workers across various industries.
If you work for a railroad and get injured on the job, you’ll likely deal with FELA instead of regular workers’ comp. This can be confusing because the rules are different, the process takes longer, and you might need to prove your employer was at fault.
What is the Federal Employers’ Liability Act?
The Federal Employers’ Liability Act, commonly referred to as FELA, is a federal law enacted by Congress in 1908 to provide compensation to railroad workers who are injured while on the job. This law was created because railroad work has always been dangerous, and regular state laws weren’t doing enough to help protect injured workers.
Unlike workers’ compensation, FELA is a “fault-based” system. This means that if you’re a railroad worker and you get injured while on the job, you will need to prove that the railroad company had played a part in causing your injury. Even if it only played a partial role in the accident, FELA allows workers to recover a percentage of the railroad’s negligence that contributed to the injury.
Under FELA, railroad workers can ask for money to cover their medical bills, lost wages, pain and suffering, loss of future earning capacity, and other damages. The key thing to remember is that, as the injured worker, you must prove negligence. You need to prove your employer was at least partly responsible for what happened to you.
For expert guidance on your FELA claim and to ensure your rights are protected, call Munley Law today for a free consultation.
Do FELA and Workers’ Compensation Work Together?
FELA and workers’ compensation do not work together. They are two completely separate systems that cover different types of workers in various ways.
Workers’ compensation is a state program that most employers are required to have for their employees. In Pennsylvania, the workers’ compensation system was enacted in 1915, designed to protect both workers and employers. If you get hurt at work, workers’ comp pays for your medical expenses and lost wages. It is a no-fault system, meaning that even if you were responsible for the accident, you will still receive workers’ compensation benefits.
FELA works the opposite way. This coverage only covers railroad workers, and you have to prove that your railroad employer was careless to be eligible for compensation. This makes FELA cases more similar to personal injury lawsuits than workers’ compensation claims.
It’s essential to note that if you’re a railroad worker in Pennsylvania, you cannot use both systems simultaneously. Pennsylvania railroad workers are not eligible for workers’ comp. FELA serves as a replacement for workplace injury claims.
Contact a FELA and Workers’ Compensation Lawyer
Call Us At 844-686-5397 The FELA Claims Process
Filing a FELA claim is more complicated than filing a workers’ compensation claim. Instead of filing a claim for PA workers’ comp benefits, you’re filing a federal lawsuit against the railroad company. It’s worth repeating: the onus is on the railroad employees to prove the employer’s negligence and how their negligence led to physical injuries.
Here’s how the legal process works:
- Gather evidence: This may include taking photos of the accident scene, obtaining witness statements, collecting safety reports, and maintaining all relevant medical records. You’ll need to show that the railroad failed to provide a safe workplace or didn’t follow proper safety rules.
- File a FELA lawsuit: Once you have your evidence, you or your lawyer will file a FELA lawsuit.
- Opportunity for defense: The railroad company will then have a chance to defend itself. The company might try to argue that it wasn’t their fault or that it has no responsibility for your accident.
- Settlement or court: If a settlement cannot be reached, your claim will go to court.
“Munley Law is far more than just a law firm. We’re a family of attorneys who truly understand the meaning of family and bring deep compassion to every client we serve.”
J. Christopher Munley
What You Can Recover Under FELA or Workers’ Compensation
One of the significant differences between workers’ compensation and FELA is the types of damages that injured employees can recover. The amount of money you can get from FELA versus workers’ compensation is very different. Understanding these limits can help you know what to expect from your case.
Workers’ compensation benefits are set by state law and have strict caps on what you can receive. The Social Security Administration (SSA) notes that in most U.S. states, temporary total disability wage replacement under workers’ compensation is typically set at approximately two-thirds of gross earnings, usually subject to a state maximum. Some states also provide small amounts for permanent disabilities, but these payments are generally much less than what your injury actually costs you. Workers’ comp doesn’t pay anything for pain and suffering, emotional distress, or how the injury affects your quality of life.
FELA works more like a regular personal injury lawsuit, which means there are no preset limits on what you can recover. If you win your FELA case, you can get money for:
- All your medical expenses, including money for future care if you need ongoing medical treatment
- Full lost wages, not just two-thirds
- Pain and suffering, including emotional distress and emotional trauma
- Wrongful death, including funeral and burial costs, and loss of consortium
How Does Comparative Fault in FELA Work?
Since FELA is a federal statute governed by federal law, state laws do not apply. FELA has its own framework for handling comparative and contributory fault, which may differ from the state you live in.
FELA uses pure comparative negligence to assess shared fault between the injured railroad workers and their employer. If it is determined that the employee is partially to blame for their injury, their compensation will be reduced.
Let’s say you got hurt because you didn’t follow a safety rule, but your employer also failed to maintain safe equipment. Under FELA, a jury might decide that you were 30% responsible for the accident and your employer was 70% responsible. In this case, you would still win your case, but your compensation would be reduced by your percentage of fault (in this case, a 30% reduction).
The key is that your employer must be at least partially responsible for what happened. If the accident was entirely your fault, you won’t be able to recover any money under FELA.
Railroad companies and their defense lawyers often attempt to shift as much blame as possible onto injured workers to minimize the amount they have to pay. At Munley Law, we are familiar with these tactics and know how to counter them effectively. We work hard to show the full extent of your employer’s responsibility and protect you from unfair blame. Contact our experienced attorneys today for a complimentary initial consultation to discuss your case and explore strategies to maximize your compensation.
Talk To a FELA and Workers’ Compensation Attorney
Call for a Free Consultation with a Munley Workers’ Compensation Lawyer
If you’re a railroad worker who suffered an on-the-job injury, don’t try to handle your FELA case alone. The railroad companies have teams of experienced lawyers working to pay you as little as possible. You need someone on your side who knows how to fight for your rights.
At Munley Law, our personal injury lawyers have a history of successful FELA cases, an award-winning legal team, and payment on a contingency fee basis. Our lawyers are routinely listed in Super Lawyers, Martindale-Hubbell, Lawdragon, and Best Lawyers in America, and are nationally recognized trial attorneys. J. Christopher Munley was named Lawyer of the Year for Workers’ Compensation, and Caroline Munley is a certified workers’ compensation specialist. We have successfully litigated thousands of personal injury cases over the past 65 years in practice, securing settlements and verdicts exceeding $1 billion for our clients.
Our attorneys work on a contingency fee basis, so you don’t pay a dime up front. In fact, you only owe us a fee if we win a settlement or verdict in your favor. During our initial meeting, which is always free, we will help you understand whether you have a strong case and what kind of compensation you may recover.
Don’t wait to get help. Contact Munley Law today.
J. Christopher Munley
James Christopher Munley is an award-winning plaintiffs’ lawyer who has dedicated his career to fighting for accident victims and their families. As a board-certified civil trial advocate, Chris was named Lawyer of the Year by Best Lawyers for Workers’ Compensation by Best Lawyers, and has been listed on Pennsylvania Super Lawyers since 2013.
Posted in Workers' Compensation.
