There are some important differences between workers’ compensation and FELA. FELA insurance is for railroad workers, while workers’ compensation is for most other employees. Understanding the difference between workers’ comp and employer FELA liability can help you prepare for your claim.
| Workers’ Compensation | Federal Employers’ Liability Act (FELA) | |
| Applies to | Most workers in a state | Railroad workers only |
| Statutory authority | State law, with a federal system for federal employees | Federal law |
| Is negligence required? | No | Yes, except safety violations |
| Comparative negligence? | No | Yes |
| Administrative process? | No | Yes |
| How to start? | Report injury to employer | File in court |
| Pain and suffering? | No | Yes |
| Punitive damages? | No | Yes, if appropriate |
| Time to claim | Varies by state law | Three years |
As you can see, state workers’ compensation systems often say NO, whereas FELA says YES. In workers’ compensation, proving employer fault isn’t required, but it is required for a FELA claim. Non-economic damages are not available in workers’ compensation, but they are available in FELA.
FELA has extra requirements for what the victim must prove. However, compensation is more comprehensive under FELA than it is under workers’ compensation.
Workers’ compensation is for straightforward benefits. FELA is for railroad accountability.
FELA and workers’ compensation are different in their core purpose. Workers’ compensation is meant to give employees fast access to benefits when they’re hurt at work. It’s meant to be a faster and less adversarial process than a traditional court. FELA is meant to compensate workers, too, but it’s also meant to hold railroads accountable for safe practices.
Despite different goals, both laws developed in similar time frames. U.S. lawmakers enacted FELA in 1908, the same year they created a federal workers’ compensation system. States quickly followed, with nine states passing the first workers’ compensation laws in 1911.
Workers’ compensation comes from state law. FELA comes from federal law.
Workers’ compensation is a different law in each of the 50 states. Forty-nine states have some kind of mandatory workers’ compensation system, with it being optional only in Texas. There are significant variations under state law when it comes to substantive benefits and case procedures.
FELA is federal law and applies uniformly throughout the United States. Because FELA claims can be brought in state and local courts, court procedure may vary among FELA claims. However, the substantive law remains the same.
Negligence is not required in state workers’ compensation. Negligence is required in many FELA claims.
The first question in workers’ compensation is, “Was someone hurt at work?” The first question under FELA is, “Was the railroad negligent?”
Under FELA, negligence can be slight. It may play only a minor role in the events causing the injury. However, there must be some negligence on the part of the employer. In workers’ compensation, the injured employee doesn’t have to prove the company negligently caused their injuries. They need to show only that an on-the-job injury occurred.
Note: Negligence isn’t required if the railroad violated a safety statute. For safety violations, strict liability applies.
Workers’ compensation is limited to economic and disability benefits, as set by law. FELA allows for recovery of non-economic damages.
Workers’ compensation benefits are limited by law. Medical care for the injury can be provided without cost to the worker. Depending on state law, the employee may have to go to the healthcare provider of the employer’s choice. Wage loss may be paid, but it is typically limited to a percentage of pre-injury wages; future career growth is not considered. Benefits may be limited to a certain number of weeks.
These limits don’t exist in a FELA claim. The injured worker may claim, from the employer, economic and non-economic damages traditionally available in tort law. Pain and suffering and emotional distress may be a significant amount. Because of this, a FELA claim may be worth a lot more than what a similar injury would be worth in state workers’ compensation law.
Workers’ compensation starts by telling your employer that you’re injured. FELA starts with a lawsuit.
The way to claim workers’ compensation is very different from FELA. Workers’ compensation is largely an administrative process. The case starts by informing the employer that you’re hurt. The employer completes a report and submits it to their insurer. Benefits may commence quickly.
Under FELA, there is no administrative process. The parties may discuss resolution of the case, but the only way to formally start a case is to file a complaint in court. Generally, a state workers’ compensation case may be appealed to court if administrative proceedings fail to resolve a claim. However, court is where a FELA claim starts.
Workers’ compensation is no-fault. FELA allows comparative negligence.
In a FELA claim, compensation may be reduced by the employee’s comparative negligence. It’s not a contributory negligence system, where any manner of fault is fatal to a claim. Rather, comparative negligence may simply reduce a claim.
Comparative negligence generally isn’t a consideration in workers’ compensation. Deliberate disregard of employer interest may bar a claim, along with intoxication or intentional harm. But in general, employee negligence won’t prevent someone from receiving workers’ compensation.
The time limit to file for workers’ compensation varies by state law. Injured workers have three years to file a FELA claim.
A claim falling under FELA must be filed within three years of an existing cause of action. The time limit to file a workers’ compensation claim varies by state law. Sometimes, these deadlines can be very short, with workers losing their right to file if they don’t notify their employer of injury in a matter of days.
Have you been hurt at work? Contact Sarphie Law. Attorney Daren Sarphie handles FELA claims and workers’ compensation and knows how these claims differ and what’s important to injured workers.
Call or message us now.
