FELA Lawsuit

In the world of law, there is often much confusion regarding the analysis of certain laws and deciding which body of laws is most relevant to a certain situation.  That’s very true when one considers the confusion that surrounds the analysis of FELA vs. workers’ compensation laws.  The FELA lawyers at Williams Kherkher would like to provide you with a brief analysis of the differences between the two below.

Before considering the differences, one needs to consider the one overriding similarity – FELA and workers’ compensation both are meant to protect workers who are injured on the job.  However, that’s about it when it comes to similarities. 

Differences between FELA and workers’ compensation laws:

1. FELA is federal legislation, workers’ compensation statutes are primarily state laws.
2. FELA claims are decided by a jury, workers’ compensation claims are not.
3. FELA allows for damages under several theories of recovery, including lost wages and earning capacity, medical costs and pain and suffering.  Workers’ compensation is meant to help workers maintain financial viability while they recover from injuries.
4. FELA deals primarily with railroad workers, and workers’ compensation laws cover jobs of all types.

Overall, most FELA lawyers will tell you that workers’ compensation laws are much more limited in scope than FELA both in the way damages are decided and the damages available.  Regardless, if you’ve been injured while working on a railroad, you need to contact the FELA lawyers at Williams Kherkher immediately for a free consultation.