If you’re a railroad worker in Alabama, understanding your rights and options for compensation after a workplace injury is critical. Railroad workers are generally not covered by traditional workers’ compensation. Instead, the Federal Employer Liability Act (FELA) is the legal mechanism by which an injury claim can be filed.

FELA provides a fault-based system specifically for railroad employees, allowing them to sue their employers for negligence. While FELA claims can potentially lead to higher compensation, including damages for pain and suffering, they require proving employer negligence, making the process more complex than standard workers’ compensation claims.

Overview of Workers’ Compensation and FELA

Workers’ Compensation is a state-regulated insurance program designed to provide benefits to employees who suffer work-related injuries or illnesses. In Alabama, most employers are required to carry Workers’ Comp insurance to protect their employees. This system aims to ensure that injured workers receive prompt medical treatment and compensation for lost wages without the need for lengthy legal battles.

On the other hand, FELA is a federal law specifically created to protect and compensate railroad workers injured on the job. Enacted in 1908, FELA recognizes the unique hazards faced by railroad workers and provides a specialized system for addressing workplace injuries in this industry. Unlike Workers’ Compensation, FELA is a fault-based system that allows injured workers to sue their employers for negligence.

Key Differences Between Workers’ Compensation and FELA

Fault-Based vs. No-Fault System

Workers’ Compensation: This is a no-fault system, meaning you don’t need to prove your employer was negligent to receive benefits. As long as your injury occurred during the course of your employment, you’re generally eligible for compensation. This approach streamlines the process of getting benefits but may limit the amount of compensation you can receive.

FELA: Under FELA, you must prove that your employer’s negligence played a role in causing your injury. While this might seem more challenging, it often allows for higher compensation amounts. The burden of proof in FELA cases is lower than in typical personal injury lawsuits, requiring only that the railroad’s negligence played some part, no matter how small, in causing the injury.

Types of Compensation Available

Workers’ Compensation

Medical expenses: Coverage for all reasonable and necessary medical treatment related to your work injury.

A portion of lost wages: Typically, two-thirds of your average weekly wage, subject to state-mandated maximums.

Disability benefits: Payments for temporary or permanent disabilities resulting from your work injury.

Vocational rehabilitation: Services to help you return to work, possibly in a different capacity if you can’t resume your previous job.

FELA

Full compensation for lost wages: This includes both past and future lost earnings, without the caps typically imposed by Workers’ Compensation.

Medical expenses: Coverage for all past and future medical treatment related to your injury.

Pain and suffering: Compensation for physical pain and emotional distress caused by your injury.

Loss of earning capacity: If your injury affects your ability to earn income in the future, you can be compensated for this loss.

Loss of enjoyment of life: Compensation for how your injury has impacted your ability to engage in activities you previously enjoyed.

Lawsuit Options

Workers’ Compensation: In most cases, you cannot sue your employer for a workplace injury if they provide Workers’ Compensation coverage. This system is designed to be the exclusive remedy for work-related injuries, offering a trade-off: guaranteed benefits in exchange for giving up the right to sue. There are some exceptions, such as cases of intentional harm or extreme negligence, but these are rare.

FELA: This act allows you to file a lawsuit against your railroad employer in state or federal court. This opens up the possibility of a jury trial and potentially higher compensation. The ability to bring a lawsuit gives you more control over your claim and the opportunity to present your case in detail.

Statute of Limitations

Workers’ Compensation in Alabama: You must report your injury to your employer within 5 days, and you have 2 years from the date of injury to file a claim. For occupational diseases, the clock starts ticking when you first experience symptoms or when you reasonably should have known about the condition.

FELA: You have 3 years from the date of injury or from when you reasonably should have known about your injury to file a claim. This longer statute of limitations can be crucial in cases of occupational diseases that develop over time, such as hearing loss or repetitive stress injuries.

Coverage and Eligibility

Workers’ Compensation: Covers most employees in Alabama, with some exceptions like domestic workers, farm laborers, and casual employees. It applies to businesses with five or more employees, including part-time workers.

FELA: Exclusively covers railroad workers engaged in interstate commerce, including those working for freight and passenger railroads. This includes not just train crews, but also maintenance workers, signal operators, and others whose work affects interstate railroad operations.

Navigating the Claims Process

Whether you’re dealing with a Workers’ Compensation claim or a FELA lawsuit, the process can be complex. Here are some key steps to keep in mind:

Report your injury immediately to your supervisor or employer. In FELA cases, this initial report can be important evidence.

Seek medical attention and follow your doctor’s orders. For Workers’ Comp, you may need to see an approved provider, while FELA allows you to choose your own doctor.

Document everything related to your injury, including medical records, witness statements, and any correspondence with your employer or insurance company.

For FELA claims, consult with an experienced attorney who specializes in railroad injury cases. They can help you gather evidence of negligence and build a strong case.

Be cautious about signing any documents or accepting settlements without legal advice. Insurance companies often try to minimize payouts, and an early settlement may not account for long-term consequences of your injury.

Keep detailed records of all expenses related to your injury, including travel costs for medical appointments and any modifications needed for your home or vehicle.

If you’re pursuing a FELA claim, be prepared for a more adversarial process. Your employer’s legal team may investigate your background and current activities to challenge your claim.

Common Challenges and Pitfalls

When dealing with workplace injury claims, railroad workers often face several challenges:

Pressure from employers to return to work prematurely: Both Workers’ Comp and FELA cases can involve pressure to return to work before you’re fully healed. It’s crucial to follow your doctor’s advice and not rush your recovery.

Difficulty proving negligence in FELA cases: While the standard of proof is lower than in typical personal injury cases, you still need to show some level of negligence by your employer. This might involve unsafe working conditions, inadequate training, or failure to maintain equipment.

Inadequate compensation offers: Initial settlement offers, whether in Workers’ Comp or FELA cases, are often lower than what you might be entitled to. It’s important to understand the full value of your claim before accepting any offer.

Complex medical evaluations: Both systems may require you to undergo independent medical examinations. These doctors work for the insurance company or railroad and may downplay the severity of your injuries.

Navigating the legal system while dealing with physical and emotional recovery: The stress of a legal claim can impact your recovery. Having a supportive legal team can help alleviate some of this burden.

Disputes over the extent of injuries: Particularly in FELA cases, there may be disagreements about the long-term impact of your injuries and how they will affect your future earning capacity.

Frequently Asked Questions

Q: Can I choose between Workers’ Compensation and FELA?

A: No, if you’re a railroad worker engaged in interstate commerce, FELA is your exclusive remedy for workplace injuries. Workers’ Compensation is not available to you in these cases.

Q: What if I’m partially at fault for my injury under FELA?

A: FELA uses a comparative negligence system. Your compensation may be reduced by the percentage of fault attributed to you, but you can still recover damages. For example, if you’re found to be 20% at fault, you would still receive 80% of the total damages awarded.

Q: Are FELA benefits taxable?

A: Generally, compensation for physical injuries under FELA is not taxable. However, portions of your settlement related to lost wages or emotional distress might be taxable. It’s best to consult with a tax professional for your specific situation.

Q: Can I be fired for filing a FELA claim?

A: It’s illegal for railroad companies to retaliate against employees for filing FELA claims. If you believe you’ve been wrongfully terminated or faced other forms of retaliation, you may have additional legal recourse.

Q: How long does a FELA case typically take?

A: The duration of a FELA case can vary widely depending on the complexity of the claim and whether it goes to trial. Some cases settle within months, while others might take a year or more to resolve.

Burge & Burge, PC: Helping Injured Railroad Workers Navigate Complex FELA Claims.

If you are a railroad worker injured on the job, it’s essential to know your rights and options, as the complexities of FELA claims often require specialized legal knowledge. At Burge & Burge, PC, we have extensive experience handling FELA cases and can guide you through the process, ensuring you receive the compensation you deserve for your workplace injury.