railroad worker with hard hat

If you’re a railroad worker and you’ve suffered a work-related injury or illness, you’re likely familiar with both the Federal Employers Liability Act (FELA) and the Railroad Retirement Board (RRB) disability benefits. If you are unable to work due to on-duty injury and are receiving RRB disability benefits, you may be wondering if you can still pursue a FELA claim. The short answer is: yes, but with important considerations. Let’s dive into how these two systems interact, and what you need to know if you’re in this situation.

What is FELA?

The Federal Employers Liability Act (FELA) is a law that allows railroad workers to seek compensation for workplace injuries. FELA differs from regular workers’ compensation because it requires proof that the railroad employer was at least partially negligent in causing the injury. Under FELA, you can claim compensation for pain and suffering, lost wages, medical expenses, and more.

What are RRB Disability Benefits?

The Railroad Retirement Board (RRB) provides disability benefits to railroad workers who are unable to continue working due to a disability. The program is similar to Social Security Disability Insurance (SSDI), but it’s specifically designed for workers in the railroad industry. If you are deemed medically disabled and can no longer able to perform your job duties, you may qualify for RRB disability benefits. Depending on the severity of the injury, many workers who get injured on the job qualify for RRB disability, regardless of whether they decide to pursue a FELA claim.

Can You Pursue Both FELA and RRB Disability Benefits?

Yes, you can pursue both a FELA claim and RRB disability benefits, but there are some key points you should be aware of:

1. Separate Programs

First, it’s important to recognize that FELA claims and RRB disability benefits are separate programs. FELA provides compensation for work-related injuries or illnesses, while RRB disability benefits are for workers who are no longer able to work due to a disability, regardless of the cause. The fact that you’re receiving RRB disability benefits does not automatically prevent you from filing a FELA claim. If you can no longer physically perform your job duties due to the negligence of your employer, you can, and should, pursue RRB disability and a FELA claim.

2. FELA and the Collateral Source Rule

In a FELA case, the “Collateral Source Rule” refers to a legal principle that prohibits a defendant, usually the railroad employer, from reducing their liability based on the fact that the injured party (the railroad worker) has received compensation from other sources, such as insurance or RRB benefits.

In simple terms, if a railroad worker is injured on the job and receives compensation from sources like health insurance or RRB benefits, the defendant cannot use those payments to argue that the worker’s injury compensation should be reduced

This rule ensures that the railroad remains fully liable for its role in the worker’s injury, and the worker is not unfairly penalized by receiving compensation from other means. The rationale is that the defendant (the railroad) should not benefit from those other sources of compensation, as they are not directly related to the railroad’s fault.

For example, if a worker is awarded $100,000 in damages in a FELA case, but the worker has already received $20,000 in compensation from RRB disability, the railroad cannot argue that the total amount owed should be reduced by $20,000.

This rule can be enormously beneficial to injured workers, should their case go to trial.

3. The Impact on Your Benefits

The relationship between FELA settlements and RRB disability benefits can vary depending on the specifics of your case. For example, if your FELA claim results in a large settlement for lost wages or future medical costs, it could influence your future RRB benefit payments. In some cases, you may even need to work with both your attorney and the RRB to ensure that your benefits are adjusted correctly.

4. Consult with an Experienced Lawyer

Because FELA claims and RRB disability benefits are governed by different sets of rules, it’s essential to seek legal advice. A lawyer who specializes in FELA cases will be able to guide you through the process, ensuring that you understand the interaction between your FELA claim and your RRB disability benefits.

Receiving RRB disability benefits doesn’t preclude you from filing a FELA claim. In fact, you can pursue both types of compensation simultaneously, but you’ll need to be mindful of how the two systems interact, especially when it comes to the potential for compensation overlap. Working with an attorney who understands both FELA claims and RRB benefits is key to ensuring that you’re taking the right steps to protect your financial future. If you are a railroad worker who has been injured on the job, contact us today for a free consultation.