Saint Paul railroad employee injury attorney William Jungbauer distinguishes between the FELA and workers’ compensation law.
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FELA is a national law for railroad workers. Because railroad workers travel between states, the workers’ comp law of one state or another state could differ and does differ. And so FELA differs in two ways: one, it’s a national law; it’s the same everywhere in the United States. But second, it’s a fault-based law, which means an employee must prove that the railroad was at fault in causing the damages but then their damages are much bigger of what they can collect as compared to workers’ comp, which is not fault based.