How does FELA differ from workers compensation?
The main difference between FELA and workers compensation is that under FELA, a railroad worker must prove negligence on the part of the employer in order to receive compensation, whereas workers compensation benefits are based on a no fault system. Another important difference is that benefits in workers compensation claims are generally paid out according to a preset schedule, whereas FELA benefits are awarded according to a jury’s decision. The defendant or railroad employer’s main defense is usually comparative negligence, meaning that they will attempt to prove the railroad worker had some degree of fault in the injury and therefore his award must be diminished by the percentage of his degree of responsibility for the injury. Lastly, when pursing medical treatment in a FELA claim, the worker is free to choose their own doctors and place of treatment, while in workers compensation claims an injured employee is limited to the pre-approved treatment choices of his or her employer. Wh
