State workers’ compensation laws do not apply to the railroad industry. When the FELA was enacted in 1908 state workers’ compensations systems had not yet been adequately developed and implemented. Today, every state has a workers’ compensation system which provides a scheme by which injured employees receive compensation for work-related injuries. Despite the railroad industry’s past attempts to repeal the FELA in favor of state workers’ compensation systems, more than 105 years later the FELA still remains the exclusive remedy for injured railroad workers.
There are three fundamental differences between FELA claims and workers’ compensation claims:
- Negligence: The FELA is a fault-based federal statute where the injured employee must prove railroad negligence and that the negligence caused, even in the slightest the resulting injuries in order to recover financial compensation. In comparison, under state workers’ compensation systems, the negligence of the employer and the contributory negligence of the employee are, with a few exceptions, irrelevant in determining whether the employee will receive some compensation for the work-related injuries.
- Choice of doctor: Under the FELA, an injured railroad worker has the right to treat with medical providers of his/her choice and the employee’s collectively bargained health insurance and/or a separate insurance policy maintained by the railroad will cover the cost of necessary medical treatment. In comparison, the employer has the right to direct the injured employee to the company’s medical provider of choice in a workers’ compensation claim.
- 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 harms and losses sustained. In comparison, the amount of financial compensation that an injured employee can receive in a workers’ compensation claim is limited and calculated based on a formula set by the state workers’ compensation laws.
