The Federal Employers' Liability Act (FELA) operates under a completely different legal framework than traditional workers' compensation programs. While workers’ compensation provides automatic, no-fault benefits to most employees injured on the job, FELA allows railroad workers to file negligence lawsuits in court and recover a broader range of damages. Because FELA permits compensation for pain and suffering, loss of earning capacity, and other non-economic losses, it provides more comprehensive benefits.
FELA requires injured railroad workers to prove their employer's negligence contributed to their injury. The standard for proving negligence under FELA uses what courts call a "featherweight" burden, meaning the railroad's negligence need only have "played any part, even the slightest" in causing the harm. This low causation threshold makes it easier for injured workers to establish employer liability compared to typical negligence cases.
Workers' compensation operates on a no-fault basis. Injured employees receive benefits automatically when hurt on the job, without needing to prove the employer did anything wrong.
The type and amount of compensation available under FELA far exceed what workers' compensation typically provides. FELA allows injured railroad workers to recover full damages, including:
Workers' compensation limits recovery to economic damages only. Most state programs cap wage replacement at a percentage of your salary, provide disability benefits according to fixed schedules, and specifically exclude compensation for pain and suffering or loss of quality of life. A railroad worker facing catastrophic injuries, chronic illnesses, or a permanent disability can either receive adequate compensation or face financial hardship as a result of these limitations.
A FELA claim proceeds through the civil court system just like any other negligence claim. Injured railroad workers have the right to jury trials, can present expert testimony, conduct full discovery, and benefit from all procedural protections available in civil litigation. You have the option of filing a claim for damages in either a state or federal court.
Workers' compensation operates through administrative procedures. Claims go through state bureaucracies using simplified processes without jury trials, which move faster but offer fewer legal protections and limited opportunities to challenge decisions.
There is comprehensive coverage under FELA for occupational diseases, cumulative trauma injuries, and long-lasting diseases. Workers who suffer from exposure to toxic substances, repetitive stress, or hazardous working conditions over time can file claims when negligence or unsafe working conditions contributed to their illness.
Workers' compensation coverage for occupational diseases varies significantly by state. Some jurisdictions exclude certain disease claims, impose strict limitations on proving work-relatedness, or make recovery difficult for conditions that develop gradually.
We at ELG Law have extensive experience handling FELA claims and are familiar with the unique legal protections these federal laws provide railroad workers. If you have been injured at your railroad job or developed an occupational cancer we will evaluate your case based on your medical records, employment records, and other documentation. Find out how we can help you file a FELA claim and get the compensation you deserve by contacting Environmental Litigation Group today.
Monday – Friday
8:00 AM – 5:00 PM
Saturday & Sunday
Closed
