It’s a common question among railroad employees often arising from misconceptions about the protections offered by the Federal Employers Liability Act (FELA) compared to standard workers compensation. The distinction is significant and understanding it can profoundly impact the benefits and compensation you may be entitled to following a workplace injury.

The Distinction Between FELA and Workers’ Compensation

Railroad workers do not fall under the workers’ compensation system. Instead, they are protected by FELA, legislation that generally offers more comprehensive coverage. Here’s why this difference matters:

• Workers’ Compensation: Provides fixed benefits, including partial wage replacement and medical costs, without the need to prove employer negligence. It does not compensate for pain and suffering or full wage losses.
   
• FELA: Allows for the recovery of full damages, including all lost wages (current and future), medical expenses, pain and suffering, and loss of life enjoyment. It requires proof of employer negligence, offering a more personalized and potentially greater compensation package.

Why FELA Offers Better Protection

• Comprehensive Compensation: FELA covers a broader range of damages, including full lost wages, medical expenses, and non-economic damages like pain and suffering.
• Negligence and Employer Accountability: FELA requires the establishment of some level of employer negligence, promoting safer workplace practices.
• Comparative Negligence: Even if you are partly at fault for your injury, FELA allows for a proportional recovery, adjusting the compensation based on your degree of responsibility.
   
• Federal Safety Violations: In cases where the railroad violates specific safety laws, FELA ensures the railroad is fully liable for damages, regardless of contributory negligence.

The Bottom Line

The Federal Employers Liability Act (FELA) provides extensive benefits that accurately reflect the true impact of workplace injuries. It is critical for you as an employee to understand your rights under FELA to ensure that you receive the full compensation you are entitled to for any job-related injuries. If you, as a Signalman, or a member of your family experiences a work-related injury or illness, it is important to fully understand your rights and benefits under FELA before settling any claims with your railroad employer. The Brotherhood of Railroad Signalmen has selected qualified legal representatives for BRS members dealing with injury cases governed by FELA.