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Does the FELA offer me more protection than workers' compensation?


A: Yes, financially the FELA offers you more protection than workers' compensation. Damages recoverable under the FELA are significantly greater than under most state workers' compensation provisions. Workers' compensation damages are determined through an administrative process based on predetermined compensation schemes for any given injury. Generally, the amount of compensation afforded is vastly less than the employee would be receiving had he not been injured. In comparison, under the FELA, you are entitled to present your case to a jury, that determines what damages to award in order to "make you whole". This includes your past and future lost wages, medical bills and, most importantly, pain and suffering. This amount is, in almost all cases, significantly more than you would receive under workers' compensation.