FELA vs Workers’ Compensation in Railroad Accidents

If you have been injured working at a rail yard or on a rail line in Virginia, you may be entitled to compensation for your harm and expenses. Most people injured on the job turn to workers’ compensation, but if you are a railroad worker, you need to file claims through the Federal Employers Liability Act (FELA). Do not risk losing out on full and fair compensation by relying only on your employer’s misinformation or general knowledge of inapplicable workers’ compensation; speak with a knowledgeable railroad accident attorney at Cooper Hurley Injury Lawyers before you file a claim. We have extensive experience helping rail workers recover damages and can explain your rights and legal options

How Does FELA Differ from Workers’ Compensation?

Workers’ compensation in Virginia is a state-run program administered by the Virginia Workers’ Compensation Commission. It allows non-railroad workers to be compensated for medical expenses and some lost wages relating to a job-related accident or incident in which you were injured, but it is generally not available to railroad workers.

The Federal Employers Liability Act (FELA) allows an injured railroad employee to pursue a legal claim in state or federal court. Unlike workers’ comp, it is available only to employees of rail companies. One main difference is that FELA damages include pain and suffering claims. Another reason FELA is better than workers’ comp is that the lost wages claimable are unlimited.

To have a viable claim, an employee must allege that the railroad accident was due to negligence. This means an employer did not use due care in some way and that lack of due care caused the employee’s injury. It differs from workers’ comp, which only requires the injury to be job-related and based on a specific incident.

FELA does not have the limitations that workers’ comp places on the maximum amount of benefits you may be eligible for. This federal law allows you to recover for past and future wages, medical expenses, disability and pain and suffering in proportion to your injuries.

Speak with an Attorney FELA vs Workers’ Compensation in Virginia Railroad Accidents

Cooper Hurley Injury Lawyers protects your rights if you suffered an injury while working on a rail line or in a rail yard. If you want to learn more about workers’ compensation and FELA law, our attorneys in Virginia can help explain the process so you can decide which road to recovery is right for you. For a free case evaluation, contact us today.

Find Out What Your
Case is Worth

Testimonials

Cooper Hurley made everything seamless! Communication was frequent so I was aware of how my process was going, especially during COVID. I would recommend this team to anyone who needs a personal injury lawyer!

So so thankful i contacted Cooper Hurley injury lawyers to represent me in my case. Since day one the whole staff made me feel like family and the professionalism and dedication they placed into fighting on my behalf brought me such a sense of peace throughout my recovery. They were literally there every step of the way!! Big thank you Jim Hurley and his amazing assistant Tara who went to the ends of the earth to ensure i remained happy and satisfied throughout the whole process! Hands down the best law firm in Hampton Roads.

When someone ran the red light and totaled my car in June; I felt helpless dealing with my injuries and lost. I searched the web to find a Law Firm and found Cooper Hurley with top notch reviews. I decided to call for a consult and they were eager and ready to go to battle. They have lived up to the reviews and more getting me a top tier settlement. I would definitely recommend their talented team, Jim, Tara and Stacey!!!