What are the Differences in Damages between FELA and Workers Compensation?
The economic compensation differences between FELA and Workers’ Compensation are immense. In Workers’ Compensation there is no lawsuit and the damages are statutorily set by the state that you were initially employed. For instance and just by way of example only, if you lose a finger, you get fifteen (15) weeks of “disability” [also called indemnity] compensation; if you lose a foot, you get 40 weeks of “disability” indemnity payments; if you injure your spine, you get 400 weeks of “disability” payments. Usually, the indemnity payments equal two-thirds (2/3) of your average weekly wage. FELA allows you to actually sue the railroad for medical bills, lost wages, loss of earning capacity, pain and suffering, mental anguish, physical impairment, physical disfigurement, rehabilitation costs and other damages.
