FELA is designed for railroad workers and requires proof of negligence, potentially providing higher compensation. Workers' compensation is a no-fault system applicable to most other industries, offering more predictable but often more limited benefits.
Overview of FELA
The Federal Railroad Administration states, "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 the concept of comparative negligence, meaning that an injured worker's compensation can be reduced if they are found partially responsible for their own injury."
FELA provides compensation specifically for railroad workers who are injured on the job. Unlike workers' compensation, FELA requires proof of negligence but offers the potential for greater compensation.
Negligence Requirement
Under FELA, injured railroad workers must prove that their injury was caused, at least in part, by the negligence of their employer, a co-worker, or a defect in rail equipment. This means that there is a higher burden of proof compared to no-fault workers' compensation.
Types of Compensation
FELA allows for a broader range of damages, including compensation for medical expenses, lost wages (both past and future), pain and suffering, and mental distress. Because damages are not capped like they often are in workers' compensation cases, awards under FELA can be significantly higher.
Legal Process
FELA claims can be resolved through settlements or by going to trial. Because proving negligence can be complex, many railroad workers opt to hire attorneys specializing in FELA cases to help navigate the legal process and maximize their compensation.
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 the concept of comparative negligence, meaning that an injured worker's compensation can be reduced if they are found partially responsible for their own injury."
FELA provides compensation specifically for railroad workers who are injured on the job. Unlike workers' compensation, FELA requires proof of negligence but offers the potential for greater compensation.
Negligence Requirement
Under FELA, injured railroad workers must prove that their injury was caused, at least in part, by the negligence of their employer, a co-worker, or a defect in rail equipment. This means that there is a higher burden of proof compared to no-fault workers' compensation.
Types of Compensation
FELA allows for a broader range of damages, including compensation for medical expenses, lost wages (both past and future), pain and suffering, and mental distress. Because damages are not capped like they often are in workers' compensation cases, awards under FELA can be significantly higher.
Legal Process
FELA claims can be resolved through settlements or by going to trial. Because proving negligence can be complex, many railroad workers opt to hire attorneys specializing in FELA cases to help navigate the legal process and maximize their compensation.
Overview of Workers' Compensation
Workers' compensation is a state-regulated insurance program designed to provide benefits to employees who suffer work-related injuries or illnesses. The key features of workers' compensation include:
No-Fault System
Workers' compensation operates on a no-fault basis. This means that employees do not need to prove that their employer was negligent to receive benefits. They are entitled to compensation regardless of who caused the injury.
Benefits Provided
Workers' compensation typically covers medical expenses, rehabilitation costs, and a portion of lost wages. Some states also provide benefits for permanent disabilities and death benefits to the families of deceased workers.
Limited Legal Recourse
In exchange for guaranteed benefits, employees generally waive their right to sue their employer for negligence. This trade-off is designed to provide quick and certain relief to injured workers without the need for lengthy litigation.
No-Fault System
Workers' compensation operates on a no-fault basis. This means that employees do not need to prove that their employer was negligent to receive benefits. They are entitled to compensation regardless of who caused the injury.
Benefits Provided
Workers' compensation typically covers medical expenses, rehabilitation costs, and a portion of lost wages. Some states also provide benefits for permanent disabilities and death benefits to the families of deceased workers.
Limited Legal Recourse
In exchange for guaranteed benefits, employees generally waive their right to sue their employer for negligence. This trade-off is designed to provide quick and certain relief to injured workers without the need for lengthy litigation.
FELA vs. Workers' Compensation
Coverage
Fault & Negligence
Types of Benefits
Legal Recourse
Potential Compensation
- FELA: Exclusively covers railroad workers.
- Workers' Compensation: Covers most other types
Fault & Negligence
- FELA: Requires proof of employer negligence.
- Workers' Compensation: No need to prove fault; employees receive benefits regardless of how the injury occurred.
Types of Benefits
- FELA: Includes comprehensive damages such as out of pocket expenses, past and future wage loss, fringe benefits, railroad retirement earnings, pain and suffering and mental distress.
- Workers' Compensation: Generally limited to medical expenses, rehabilitation, and a portion of lost wages.
Legal Recourse
- FELA: Employees can sue their employer if they believe negligence was involved.
- Workers' Compensation: Employees typically cannot sue their employer and must accept the benefits provided by the system.
Potential Compensation
- FELA: Potentially higher due to the inclusion of non-economic damages and lack of caps on compensation.
- Workers' Compensation: Generally lower and subject to state-imposed caps.
Florida FELA attorneys at Wilkes & Mee are ready to hear your story. If you feel you have a claim against the railroad, please call us today for a free consultation.