Railroad injuries are different
Because a jury said so. One of the major differences with railroad injuries is that the value of your claim is determined by a jury, not by a worker’s comp list of values-- a contemporary decision by everyday people, as opposed to an outdated calculation by a Board who never even met you.
In a jury trial real people grapple with the real-life implications of your injury - like a severed finger tip - with the power of a law that specifically protects railroad workers who get hurt as a result of unreasonably dangerous safety conditions
Railroad workers are covered by the Federal Employers Liability Act (FELA) - not worker’s compensation.
And that’s a good thing.
The FELA provides a much more complete remedy than the traditional workers' compensation system. For the most part, workers' compensation benefits tend to be fixed and arbitrary, and to grossly under-compensate injured workers.
FELA is different because it determines what percentage of your injury is the railroad’s fault. That’s how you get paid.
Under workers' compensation, an injured employee receives only partial wage reimbursement benefits and nothing for pain and suffering. Under FELA, an injured railroad worker can recover most of the damages traditionally associated with a personal injury lawsuit, including:
Railroad lawyer Marc Wietzke focuses on FELA injury and whistleblower law for railroad workers injured or punished on the job.
ATTORNEY ADVERTISING - Prior results don’t guarantee a similar outcome in your claim. This website and blog are for informational purposes and do not constitute legal advice, since only after knowing the details of your claim can any advice be provided. Please understand that particular laws vary by state. You must speak directly with an attorney about your situation to determine what laws apply.