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Injured on the Railroad? Workers' Comp vs. FELA: What You Need to Know (Especially if You're Confused!)

Posted by Brad Ponder | Sep 09, 2024 | 0 Comments

Imagine this: You've been working on the railroad, putting in long hours, and then it happens—a sudden injury on the job. Maybe it was a slip on a wet platform or an equipment malfunction that left you hurt and wondering what to do next. You've heard about workers' compensation, so naturally, you think that's your only option. But here's the thing—if you work for the railroad, your situation is different. And that's where the Federal Employers Liability Act (FELA) comes in.

Workers' Compensation vs. FELA: What's the Difference?

If you're like many injured railroad workers, you might be confused about the differences between workers' compensation and FELA. It's easy to see why—they both involve getting compensation after an injury. But the way they work, and the benefits they offer, are very different.

Workers' Compensation

In most jobs, workers' comp is a no-fault system. This means that if you get hurt on the job, you can receive medical care and a portion of your lost wages without needing to prove anyone was at fault. The trade-off? The compensation is usually limited to medical bills and partial wage replacement, and you can't sue your employer for negligence.

FELA (Federal Employers Liability Act)

FELA, on the other hand, is specifically for railroad workers. Under FELA, if you get injured, you can sue your employer if their negligence played a role in your injury. This is a significant difference. Why? Because if you can prove negligence, FELA allows you to seek much broader compensation, including:

  • Pain and Suffering: Unlike workers' comp, FELA can compensate you for the physical and emotional pain your injury has caused.
  • Full Lost Wages: FELA doesn't just offer a partial replacement of your wages—you can claim your entire lost income, including future earnings if your injury prevents you from returning to work.
  • Future Medical Costs: FELA also covers the cost of ongoing medical care that you might need as a result of your injury.

Why FELA Is the Best Option

So, why is FELA so important for railroad workers? Generally, railroad workers are not covered by workers' compensation; instead, injured workers in the railroad industry are eligible to file a FELA claim. The truth is, FELA provides protections and potential compensation that workers' comp simply doesn't offer. By filing a FELA claim, you're not only seeking compensation for your injury, but you're also holding the railroad accountable for maintaining a safe work environment. 

But here's the catch: FELA claims can be complex. Proving negligence and navigating the legal system can be daunting, especially when you're trying to recover from an injury. That's why it's crucial to have the right legal team by your side.

Confused? We're Here to Help.

At Ponder Legal Group, we understand that the days following a railroad injury can be overwhelming. You might not know whether you have a FELA case or not. That's why we offer a free consultation to help you understand your rights and determine the best course of action for your situation.

Don't leave your future to chance. If you've been injured while working on the railroad, contact us today to discuss your case. Our experienced attorneys are here to fight for the compensation you deserve.

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Ready to learn more? Schedule your free consultation today with Ponder Legal Group and take the first step toward securing the benefits you're entitled to under FELA.

About the Author

Brad Ponder

Brad specializes in complex litigation, including class actions and mass torts in both state and federal court. He represents consumer and business owners in a variety of lawsuits, including class actions and high-stakes litigation against major corporations. 

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