FELA vs workers' comp for railroad workers
FELA vs workers' comp: in most cases, workers at railroads that operate as common carriers across state lines are covered by the Federal Employers' Liability Act (FELA), not state workers' comp.
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| Topic | FELA | State workers' comp |
|---|---|---|
| Who is covered45 U.S.C. 51 | Employees of a railroad that is a common carrier in interstate commerce, including workers whose duties further or closely affect that commerce. | Most other employees. Some workers at small intrastate or non-carrier rail operations fall under state comp rather than FELA. |
| What you have to prove45 U.S.C. 51; Rogers v. Missouri Pacific, 352 U.S. 500 | That the railroad's negligence played a part, in whole or in part, in the injury or illness. In Rogers v. Missouri Pacific (1957), the Supreme Court held that any part, even the slightest, is enough for a jury to decide. | Nothing about fault. Benefits are paid whether or not the employer was careless. |
| If you were partly at fault45 U.S.C. 53 | Damages go down by your share of the fault. There is no reduction when the railroad broke a safety statute that contributed to the injury or illness. | Your own carelessness generally does not cut benefits; each state sets its own exceptions. |
| Risks of the job45 U.S.C. 54 | The railroad cannot defend itself by saying you accepted the risks of the job. Congress abolished that defense. | Not a question in a no-fault system. |
| What can be paid45 U.S.C. 51 | When negligence is proved: lost wages, past and future, medical costs, and pain and suffering. The statute sets no cap on damages. | Wage-loss and medical benefits on a schedule each state sets. Pain and suffering is generally not paid. |
| Deadline to file45 U.S.C. 56; Urie v. Thompson, 337 U.S. 163 | Three years from the day the claim accrued. For an illness such as cancer, courts follow Urie v. Thompson (1949): the clock generally starts when the worker knew, or should have known, of the illness and its link to work, not on the day of diagnosis by itself. | Each state sets its own deadlines and benefit rules, and they vary. |
| Who decides45 U.S.C. 56; 45 U.S.C. 53 | A lawsuit in state or federal court, where a jury decides fault and damages if the case goes to trial. | A state workers' comp board or commission. |
| Protection from retaliation49 U.S.C. 20109 | The Federal Railroad Safety Act bars a railroad from firing, demoting, or disciplining an employee for reporting a work injury or illness in good faith. | Each state sets its own protection. |
FELA requires showing that the railroad's negligence played some part in the injury or illness. Where that is shown, it allows damages that comp does not pay, including pain and suffering, with no statutory cap. Workers' comp pays set no-fault benefits under each state's own rules.
If the Railroad Retirement Board paid you sickness benefits for the same illness, those benefits must be paid back to the RRB out of a FELA settlement or award (RRB rules on injury settlements).
This is legal information, not legal advice, and how any claim turns out depends on its own facts.
To see how a claim moves from first call to verdict, read how a FELA claim works. To see what a railroad injury lawyer does on the claim, read about the FELA lawyer.
Call +1 (888) 716-2611 Questions about your own case? Ask in a free FELA claim review by phone, or send the short form