When a railroad worker is injured on the job or develops a serious occupational illness, the legal path forward is very different from that of most other employees. An experienced FELA attorney understands that railroad injury claims are governed not by state workers’ compensation systems, but by a powerful federal law known as the Federal Employers’ Liability Act (FELA). At Shapiro, Washburn & Sharp, our FELA lawyers have spent decades representing injured railroad workers nationwide, and we routinely explain that while FELA is sometimes loosely compared to workers’ compensation, the similarities largely end there. Understanding the difference can make the difference between recovering full compensation and walking away with far less than you deserve.
Understanding the Difference Between FELA and Workers’ Compensation
Both workers’ compensation and the Federal Employers Liability Act provide financial protection for people who suffer work-related injuries, develop occupational illnesses, or die in workplace accidents. However, the structure, requirements, and potential compensation under these systems are dramatically different. Despite practicing in this area for decades, even seasoned attorneys sometimes casually refer to FELA as workers’ comp for railroad employees. That shorthand description captures the broad idea that it provides job-related injury protection, but it obscures how FELA actually works and why it can be far more powerful for injured railroad workers.
Each year, thousands of railroad employees are injured. According to the Federal Railroad Administration, railroads have reported more than 5,000 employee injuries and illnesses annually in recent years. These injuries often include traumatic accidents, cumulative trauma conditions, hearing loss, and occupational diseases related to long-term exposure to diesel exhaust, asbestos, silica dust, and other toxic substances. Yet too many current and former railroad workers who have valid FELA claims never pursue them. Often, this happens because they mistakenly believe workers’ compensation applies, or they do not understand their rights under federal law.
Workers’ Compensation Does Not Cover Most Railroad Employees
Workers’ compensation programs are administered at the state level. Freight and passenger railroads operating across state lines, including Amtrak, CSX, and Norfolk Southern, were historically exempt from state workers’ compensation systems. State legislatures chose not to assume responsibility for interstate railroad injury claims. As a result, Congress enacted the Federal Employers’ Liability Act in 1908 to ensure that railroad employees would have a legal remedy when injured due to unsafe working conditions.
Time Limits for Filing a FELA Claim
Under FELA, railroad workers generally have three years from the date of injury to file a claim. In occupational disease cases, the three-year clock typically begins when the worker knew or reasonably should have known that their condition was related to railroad employment. This discovery rule is especially important in cases involving cancers, lung disease, hearing loss, or cumulative trauma injuries that develop over time.
Family members may bring wrongful death claims on behalf of deceased railroad workers, and severely disabled employees may also have claims pursued on their behalf. Retired employees can file FELA claims if they are diagnosed with a work-related illness after leaving the railroad industry.
Additionally, a FELA claim cannot automatically be denied simply because an accident or incident report was not filed at the time of injury. Railroad companies often argue that failure to report undermines credibility, but the law does not bar recovery solely for that reason.
FELA Claims Are Civil Lawsuits Against the Railroad
Unlike workers’ compensation claims, which are administrative in nature, FELA claims are civil lawsuits filed directly against the railroad employer. The injured worker must formally notify the railroad and file legal pleadings in either state or federal court. The railroad will almost always retain experienced defense attorneys immediately.
Right to a Jury Trial
A FELA case may be filed in state or federal court, and injured workers have the right to request a jury trial. If the case does not settle through negotiation or mediation, a jury determines whether the railroad was negligent and what compensation is appropriate. This right to a jury trial is one of the most significant differences between FELA and workers’ compensation, which does not involve a jury.
Proving Negligence Under FELA
Workers’ compensation operates as a no-fault system. As long as the worker was performing job-related duties and not engaged in misconduct, benefits are typically available regardless of who caused the accident.
FELA is different. The injured railroad worker must prove that the railroad was negligent and that this negligence contributed, even in the slightest degree, to the injury or illness.
Common Examples of Railroad Negligence
Negligence may involve unsafe equipment, defective tools, inadequate training, failure to enforce safety rules, exposure to hazardous substances, or violations of federal safety statutes such as the Safety Appliance Act or the Locomotive Inspection Act. Demonstrating a violation of these statutes can serve as powerful evidence of negligence.
FELA follows a comparative negligence standard. The worker does not need to prove the railroad was 100 percent at fault. However, if a jury finds that the worker shares some responsibility, any award will be reduced by that percentage. For example, if damages total $1 million but the worker is found 20 percent at fault, the recovery would be reduced to $800,000.
Types of Compensation Available Under FELA
One of the most significant advantages of FELA over workers’ compensation is the scope of damages available.
Economic Damages
Economic damages include past and future medical expenses, lost wages, lost overtime, loss of earning capacity, and the cost of future medical treatment and rehabilitation.
Noneconomic Damages
Unlike workers’ compensation, FELA allows injured railroad workers to seek compensation for pain and suffering, mental anguish, emotional distress, disfigurement, and loss of enjoyment of life. In wrongful death cases, families may recover for loss of financial support and loss of companionship. In rare cases involving egregious misconduct, punitive damages may also be pursued.
Frequently Asked Questions About FELA Claims
What is the difference between FELA and workers’ compensation?
FELA is a federal negligence-based law that allows railroad workers to sue their employer in court and seek full damages, including pain and suffering. Workers’ compensation is a state-run no-fault system that provides limited benefits without requiring proof of negligence.
How long do I have to file a FELA claim?
In most cases, you have three years from the date of injury or from the date you discovered that your illness was related to railroad employment. Prompt action is critical to preserving evidence and protecting your rights.
Can I file a FELA claim if I am retired?
Yes. Many occupational diseases are diagnosed after retirement. If the illness is linked to railroad work and falls within the statute of limitations, you may still have a valid claim.
Do I have to prove the railroad was completely at fault?
No. Under FELA’s comparative negligence standard, you can recover damages even if you were partially at fault, although your compensation may be reduced proportionally.
Can I recover for pain and suffering?
Yes. Unlike workers’ compensation, FELA allows injured railroad workers to seek compensation for physical pain, emotional distress, and loss of enjoyment of life.
Contact Shapiro, Washburn & Sharp for a Free FELA Case Evaluation
If you are a current or former railroad worker who has been injured or diagnosed with an occupational illness, do not assume that workers’ compensation applies to your situation. FELA is a complex federal law, and railroad companies aggressively defend these cases.
The FELA attorneys at Shapiro, Washburn & Sharp have decades of experience representing injured railroad workers and their families. Our firm handles FELA cases nationwide, and we are prepared to stand up to major railroad corporations to pursue the full compensation you deserve.
Contact Shapiro, Washburn & Sharp today for a free case evaluation with a FELA lawyer and learn how we can help protect your rights and secure the recovery you are entitled to under federal law.