Most employees in Tennessee and across the country are covered by workers’ compensation. However, if you work for a railroad company, that system doesn’t apply to you. Railroad workers fall under a federal law called the Federal Employers’ Liability Act (FELA).
FELA claims are different from standard workers’ compensation claims, and understanding these differences is crucial. They can dramatically affect how much money you can recover after a serious injury.
FELA is fault-based
Workers’ compensation works on a simple premise: you get hurt on the job, you get benefits. It doesn’t matter who caused the injury. FELA is different. To recover under FELA, you have to prove that your employer’s negligence contributed to your injury, wholly or partially. You may not be entitled to compensation if you were solely at fault for your injuries.
The damage gap can be significant
While you must prove fault with a FELA claim, there’s no cap on the compensation you can recover. You may be entitled to your full lost wages, future earning capacity, medical expenses and damages for your pain and suffering.
A railroad worker who suffers a permanent, career-ending injury can potentially recover far more through a successful FELA claim than through workers’ compensation, especially when you factor in non-economic damages.
You have to fight for it
FELA compensation isn’t automatic after an injury. Railroads are experienced defendants. They even have legal teams whose entire job is to minimize what they pay injured workers. It’s all about protecting their bottom line.
If you were injured working on a railroad in Tennessee, you may have rights that many workers don’t realize. Seeking prompt legal guidance can help protect evidence, meet deadlines and strengthen your ability to recover a fair settlement.
