FELA vs Workers Compensation: What is the Difference?

For most workers in the United States, on-the-job accidents are handled through the state-administered workers’ compensation system.

These programs were designed as no-fault alternatives to civil lawsuits, providing injured employees with medical coverage, a portion of lost wages, and limited death benefits without the need to prove employer negligence.

But for railroad employees, the picture is very different.

Congress passed the Federal Employers’ Liability Act (FELA) in 1908, recognizing that the dangerous nature of railroad use and operations required a more powerful form of protection.

Because of this legislation, railroad workers are not entitled to recover under the typical workers’ compensation system: FELA is the exclusive route for compensation after injuries sustained in connection with railroad employment.

The two laws differ fundamentally in their structure and outcomes.

Under state workers’ compensation, injured employees may only collect a proportion of their lost wages and reimbursement for medical bills, and they are barred from suing their employer directly for personal injury damages.

These systems do not account for pain and suffering, emotional trauma, or long-term loss of earning capacity.

In other words, workers’ compensation pays out benefits, but not all these costs of a serious injury are recoverable.

FELA, on the other hand, specifically allows an injured employee to sue the railroad employer when negligence attributable to that employer, no matter how small in proportion, played a role in causing the accident.

Section 51 of the statute makes this clear:

“Every common carrier by railroad… shall be liable in damages to any person suffering injury while he is employed by such carrier… for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its… equipment.” (45 U.S.C. § 51)

This language illustrates two critical differences from workers’ compensation: first, FELA is fault-based, meaning negligence must be shown, but second, the standard is exceptionally broad.

Courts have consistently held that if negligence contributed even in the slightest proportion to the injuries sustained, the claim belongs before a jury.

When the Federal Employers Liability Act (FELA) Applies

FELA’s reach goes far beyond typical accidents.

The statute allows claims for virtually any personal injury or death linked to railroad employment, including cumulative trauma and occupational illnesses.

Some examples include:

• Train or Yard Accidents: Collisions, derailments, or injuries sustained during switching and coupling operations.
• Unsafe Work Conditions: Broken equipment, inadequate lighting, lack of fall protection, or failure to follow a safety statute such as Federal Railroad Administration regulations.
• Repetitive Stress and Cumulative Trauma: Back injuries, joint damage, or other conditions developed over years of railroad use of unsafe practices or defective tools.
• Toxic Exposure and Cancer Claims: Many injured employees bring FELA claims after long-term exposure to diesel exhaust, asbestos, silica dust, or other hazardous substances leading to cancers such as leukemia, lung cancer, or bladder cancer.
• Occupational Hearing Loss: From prolonged exposure to excessive noise in rail yards or locomotive cabs.
• Workplace Death: Families of railroad employees who suffer death as a result of negligence are entitled to bring FELA wrongful death actions.

Each of these situations demonstrates FELA’s broader coverage compared to state systems.

Where workers’ compensation might only cover limited medical expenses and partial wage loss, FELA empowers injured employees or their families to pursue full compensation, including pain and suffering, loss of enjoyment of life, and diminished earning capacity.

Why the Distinction Between Workers’ Compensation and FELA Matters

This distinction is not merely academic.

It directly affects the outcomes for injured railroad employees.

Because FELA is rooted in federal legislation, cases may be filed in either state courts or federal courts, giving workers more flexibility in where they pursue justice.

Most importantly, unlike the workers’ compensation system, FELA permits a jury of peers to determine damages rather than relying on a schedule of benefits.

That means juries can account for the true cost of an accident: not just lost wages and medical bills, but also the toll of long-term pain, disability, or fatal injuries sustained through a railroad employer’s negligence.

Unlike the state-based workers’ compensation system, which moves through an administrative process, FELA claims are full lawsuits that proceed in either state courts or federal courts.

Injured employees do not file a form for scheduled benefits.

They must bring a civil action against their railroad employer, prove negligence, and present damages before a judge or jury.

Understanding this process helps clarify why FELA is often far more powerful than workers’ comp for railroad workers.

The FELA claims process step-by-step entails the following:

1. Injury or Illness Occurs: An employee suffers injuries sustained in a workplace accident, develops a cumulative trauma condition, or receives a diagnosis of occupational disease (including cancer linked to railroad use of toxic substances).
2. Notice and Documentation: The worker should promptly report the accident or illness to the railroad employer, gather medical documentation of personal injury, and preserve evidence of unsafe conditions or safety statute violations.
3. Legal Consultation: A FELA lawyer evaluates whether negligence attributable to the railroad contributed, even in small proportion, to the accident or illness.
4. Filing the Lawsuit: The employee (or family, in cases of death) files a claim in state or federal court under FELA, rather than through a workers’ compensation board.
5. Discovery and Investigation: Both sides exchange documents, take depositions, and investigate whether the railroad employer failed to provide a reasonably safe workplace or violated a statute or regulation.
6. Trial by Jury: If no settlement is reached, the claim proceeds to trial, where a jury determines liability and damages. This is a critical distinction—workers’ comp never allows for a jury determination.
7. Damages Awarded: The jury can grant full compensation, including medical costs, lost wages, pain and suffering, and loss of earning capacity. In the case of a fatal accident, wrongful death damages are available to surviving family members.

Burden of Proof in FELA Claims

Under FELA, the worker must show negligence attributable to the railroad employer. But the statute sets a notably low threshold.

Section 51 states that the railroad is liable for injuries or death “resulting in whole or in part” from its negligence.

Courts interpret this to mean that if the employer’s negligence contributed in any part, even the slightest proportion, the claim is valid for a jury.

This “featherweight” standard makes FELA unique compared to ordinary personal injury litigation.

Defenses Often Used by Railroad Companies

Unlike the workers’ compensation system, where fault is irrelevant, railroads can raise defenses under FELA.

The most common is contributory negligence, which reduces damages in proportion to the employee’s share of fault but does not bar recovery.

Section 53 codifies this: damages “shall be diminished by the jury in proportion to the amount of negligence attributable to such employee.”

Importantly, Section 54 abolishes the assumption of risk as a defense, and violations of a safety statute mean the worker’s contributory negligence is disregarded.

Jury Trial Rights Under FELA

FELA guarantees the right to file in state courts or federal courts, and with that comes the right to a jury trial.

This gives injured employees leverage unavailable in workers’ compensation claims.

Instead of a board assigning fixed benefits, a jury of peers evaluates the harm and determines damages based on the full evidence presented.

The ability to present a case to a jury is one of the defining advantages of FELA over administrative systems.

Recoverable Damages Under FELA

The scope of damages under FELA is far broader than under workers’ compensation.

Injured employees and their families may be entitled to:

• Medical Expenses: Full coverage for past and future treatment, not limited to schedules.
• Lost Wages and Earning Capacity: Both wages missed during recovery and projected lifetime losses due to disability.
• Pain and Suffering: Compensation for the physical and emotional toll of injuries sustained.
• Loss of Enjoyment of Life: Damages for diminished quality of life caused by the accident.
• Wrongful Death Damages: For families when a railroad worker dies due to negligence.
• Occupational Illness Claims: Including cancers linked to diesel exhaust, asbestos, silica, or other toxic exposures in railroad use.

What is the Statute of Limitations for a FELA Lawsuit?

The statute of limitations for a FELA lawsuit is three years from the date the injury or illness occurred.

This means that injured employees must file their claim in either state courts or federal courts within that time frame to preserve their rights.

In occupational disease cases, such as cancers caused by railroad use of toxic substances, the clock begins when the worker knew or should have known the condition was related to employment.

Unlike the workers’ compensation system in certain states, where deadlines for filing claims can vary significantly, FELA applies a uniform federal time limit.

Missing the three-year deadline generally bars the injured employee or family from pursuing damages, regardless of the severity of injuries sustained or death caused.

Because statutes in certain states may appear to offer longer or shorter filing windows under local workers’ compensation laws, it is critical to recognize that FELA legislation controls all railroad injury claims nationwide.

To qualify for a FELA lawsuit, you must be a railroad employee injured while working for a railroad engaged in interstate commerce.

Injuries can result from accidents, unsafe working conditions, or long-term exposures that cause occupational illnesses such as cancer.

If negligence by the railroad employer contributed in any part to the injuries sustained, you may be eligible to bring a claim under FELA rather than through the workers’ compensation system.

Families may also qualify: when a railroad worker dies as a result of employer negligence, a personal representative of the estate can file a FELA wrongful death action on behalf of surviving spouses, children, or dependents.

Qualifying claims extend beyond immediate accidents to include repetitive stress injuries, toxic exposure, or failures to comply with a federal safety statute.

Importantly, the statute of limitations for these lawsuits is three years, so injured workers and families must act quickly.

Ted Gianaris has recovered millions of dollars in compensation for workers and families, both within the FELA framework and in general personal injury matters across the United States.

Speaking with Gianaris Trial Lawyers ensures you understand whether your circumstances fall within FELA’s protections and how to pursue the full compensation you are entitled to.

FELA claims demand a level of legal skill and trial experience that goes far beyond ordinary workplace injury cases.

Because these lawsuits require proof of negligence, knowledge of railroad industry practices, and a strong command of federal legislation, having a dedicated advocate makes a critical difference.

At Gianaris Trial Lawyers, our team has built a reputation for handling complex railroad injury and wrongful death cases with precision, compassion, and relentless advocacy.

We know how to demonstrate negligence, challenge contributory defenses, and pursue the full measure of damages that injured workers and their families deserve.

If you or a loved one has suffered injuries sustained in railroad employment, don’t settle for the limited protections of state-based workers’ compensation.

Trust a law firm with the skill and experience to fight for your rights under FELA.

Contact Gianaris Trial Lawyers today for a free consultation, and let us help you pursue justice and the compensation you are entitled to.