Why Railroad Workers Usually Do Not Use Traditional Workers’ Compensation
Most private-sector employees injured at work are covered by state workers’ compensation laws. Those systems generally provide benefits such as medical treatment and wage replacement without requiring the worker to prove that the employer caused the injury through negligence.
Railroad employees covered by FELA operate under a different federal system.
FELA makes a railroad liable when an employee is injured and negligence by the railroad, its officers, agents, or employees, or a defect or insufficiency caused by railroad negligence, contributes in whole or in part to the injury.
That difference changes how a serious railroad injury should be investigated from the beginning.
FELA vs Workers’ Compensation at a Glance
| FELA | Workers’ Compensation | |
| Who it generally covers | Qualifying railroad employees | Most other employees under applicable state systems |
| Must Employer negligence be proven? | Yes. Railroad negligence must contribute to the injury | Generally no |
| Fault matters | Yes | Usually not in the same way |
| Pain and suffering | May be recoverable | Typically not part of standard workers’ comp benefits |
| Lost income | May include past and future wage-related losses | Usually based on statutory limits |
| Future earning capacity | May be recoverable | Often subject to statutory limits |
| Can damages be reduced for worker fault? | Yes, in many cases | Fault generally does not determine eligibility in the same way |
| Civil lawsuit possible? | Yes | Workers’ compensation typically operates through an administrative benefit system |
| General filing period | Three years from accrual | Varies by state |
These differences can significantly affect both how a railroad injury claim is investigated and the compensation that may be available.
The Biggest Difference: FELA Requires Proof of Railroad Negligence
Workers’ compensation is generally described as a no-fault system. A worker usually does not need to establish that the employer acted negligently before receiving covered benefits.
FELA is different. An injured railroad worker must establish that railroad negligence contributed to the injury. The statute imposes liability when railroad negligence contributes in whole or in part to the worker’s injury or death.
That means a FELA case often turns on questions such as:
- What caused the injury?
- Was the work being performed safely?
- Was the proper equipment available?
- Was the equipment properly maintained?
- Did the railroad know about a dangerous condition?
- Were enough employees assigned to the job?
- Was the worker properly trained?
- Were safety rules followed?
- Did management require or permit an unsafe work practice?
- Did another railroad employee contribute to what happened?
This is why a railroad injury investigation is about more than documenting the medical diagnosis. It must also establish why the injury happened.
Learn More About How FELA Works →
FELA May Allow Broader Damages
Workers’ compensation benefits are generally defined by statute and may include medical treatment and partial wage replacement.
FELA allows an injured railroad worker to pursue damages based on the actual impact of the injury.
Depending on the case, those damages may include:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Permanent disability
- Disfigurement
- Loss of normal activities
For a worker who cannot return to railroad work, the difference can be significant.
Being Partly at Fault Does Not Automatically End a FELA Claim
This is another meaningful distinction.
A railroad may argue that the worker contributed to the injury. Under FELA, that does not necessarily prevent recovery.
Instead, damages may be reduced based on the worker’s percentage of fault.
Example:
If total damages were $500,000 and the worker was found 20% responsible, the award could be reduced by 20%.
A FELA Claim Can Be Litigated in Court
Traditional workers’ compensation claims generally move through a state administrative system. FELA claims are civil cases.
That means a serious FELA claim may involve:
- Evidence collection
- Depositions
- Medical testimony
- Railroad records
- Expert witnesses
- Settlement negotiations
- Trial
This distinction matters because the claim must be developed as a matter of litigation, not simply processed as a workplace benefit request.
Learn more: The FELA Case Process →
Why the Difference Matters After a Railroad Injury
Because FELA is fault-based, an injured railroad worker should not approach the situation as though the only issue is reporting an injury and receiving benefits. The circumstances surrounding the injury may become evidence in a legal claim. That makes it important to preserve information about:
- Whether the hazard had been reported before
- What happened
- Where it happened
- Who witnessed it
- What equipment was involved
- What working conditions existed
What to Do After a Railroad Injury →
Railroad Injuries Are Handled Differently
FELA grants railroad workers rights that differ from traditional workers’ compensation. Understanding those differences can matter after a serious injury.
McEldrew Purtell has successfully litigated FELA claims involving seriously injured railroad workers. If you or a family member has suffered a serious railroad injury, contact our railroad team to discuss your case.