How isa FELA claimdifferent from, or similar to, workers' compensation?

A: FELA, the Federal Employers' Liability Act, is different than workers' compensation.

Workers' compensation is a no-fault system that allows recovery of only a specific percentage of lost wages and payment of medical bills. It does not allow for any lawsuit or jury trial against an employer. A worker can recover even if at fault entirely.

On the other hand, FELA is far better in some ways because it places no ceiling or cap on the amount of damages that may be recovered. On the other hand, it follows common-law negligence principles and requires that a worker prove one or more of the following:

Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you've been hurt on the job, riding trains or crossing rail tracks. You may find our list "What Not to Do After a Railroad Accident" especially helpful.