State workers' compensation laws do not apply to the railroad industry. In fact, at the time the Federal Employers' Liability Act (FELA) was enacted in 1908, state workers' compensations systems had not yet been developed. Today, every state in the United States has a workers' compensation system which provides a scheme by which injured employees receive compensation for work-related injuries. Despite the railroad industry's numerous attempts to repeal the FELA, in favor of state workers' compensation systems (which many times provide inadequate compensation for injured employees), more than 100 years later, the FELA still remains the exclusive remedy for injured railroad workers.
While the FELA was created to benefit injured railroad workers, it is important to understand the three fundamental differences between FELA claims and workers' compensation claims:
- Negligence: Under state workers' compensation systems, the negligence of the employer and the contributory negligence of the employee are, for the most part, irrelevant, in determining whether the employee will receive some compensation for work-related injuries. The FELA, in comparison, is a fault-based federal statute where the injured employee must prove negligence in order to prosecute a FELA claim. The injured employee has the burden of proving that the railroad's negligence was a cause, at least in part, of the injury or illness, in order to recover financial compensation. Under the FELA, negligence is determined based on a comparative negligence scheme where the negligence of the railroad is compared to the contributory negligence of the employee. For example, if a jury determines that the employee's actions contributed to 40 percent of the cause of the injury, the resulting jury award will be reduced by 40 percent. If the employee is deemed to be 100 percent at fault with regard to the work injury, regardless of how serious the injuries are, the employee will receive no compensation under the FELA.
- Choice of doctor: Under the FELA, an injured railroad worker has the right to see a doctor or medical provider of his or her choice and the employee's railroad health insurance will cover the cost of the medical treatment. In comparison, in a workers' compensation claim, the employer will direct the injured employee to the company's provider of choice.
- Right to a jury trial: Under the FELA, an injured railroad employee has the right to file a civil lawsuit in either state or federal court, and have a jury determine the appropriate amount of compensation based on the evidence presented. While the FELA does not allow for punitive damages, there is no cap or limit on the amount of compensation a jury can award to compensate the injured employee for all of the damages incurred. In comparison, in a workers' compensation claim, the amount of financial compensation that an injured employee can receive is limited and calculated based on a formula set by the state workers' compensation laws.
Kansas City Railroad Safety Violation Attorneys
At O'Brien Chod, LLC, there is no charge to review or discuss your circumstances with a lawyer, and no obligation to hire us. If you or someone in your life has suffered a railroad injury, and you are searching for a FELA negligence attorney in Kansas City or Chicago , call our law firm toll free at 877-746-3165 or e-mail us. We serve injured railroad workers in states nationwide, including in Illinois, Colorado, Texas and all points in between.
