Railroad workers are not covered by traditional workers’ compensation. Instead, workers are able to pursue a claim directly against their railroad employers for any injury that the worker suffers due to the railroad’s negligence, under a federal law called the Federal Employers’ Liability Act (FELA). Under the FELA, an injured worker can seek compensation for:
- Pain and suffering;
- Lost wages;
- Medical expenses;
- Copays, medical devices, and necessary home modifications;
- Scarring and disfigurement.
While workers’ compensation claims typically do not allow compensation for many of these damages, they do typically provide ongoing payments to replace a portion of lost wages for an injured worker’s ongoing expenses. The FELA, however, does not. An injured railroad worker does not get lost wage reimbursement on a regular basis, but must instead seek their lost wages as part of the lump sum resolution of their case, which occurs through settlement or verdict.
How do injured railroad workers cover their basic living expenses while pursuing their claim?
Railroads have very high profit margins and a roster of workers ready to work when another worker goes off injured. The injured worker, however, does not earn money when he isn’t able to work. This imbalance can lead to workers accepting much less than their full damages as they struggle to pay their bills without any income. There are some potential solutions.
- Railroad Retirement Board (RRB) benefits: Railroad workers pay into the RRB rather than Social Security, and have different benefits because of the different system. The RRB has provisions for temporary benefits for workers who are unable to work due to injury or illness. The benefit period is approximately half of a year (130 days/26 weeks). Extended benefits are available for individuals who qualify for an additional 2 months. The RRB will typically be entitled to reimbursement out of any lump sum settlement or verdict for the injury.
- Supplemental Sickness Benefits: Some railroad workers are also eligible for supplemental sickness benefits in addition to their RRB benefits. These are typically through their union’s collective bargaining agreement, and also often need to be repaid to the company.
- Railroad Retirement Board Disability Annuity: If a worker is permanently disabled from working in the railroad industry, he may be eligible for an occupational disability annuity from the RRB. If the worker is fully disabled from any employment at all, he may be eligible for a total disability. These disability annuities require that the worker has worked in the industry for long enough to be vested in the system.
- Wage continuation/Railroad Sick Pay: Some railroads offer full or partial wage continuation to injured employees. There are often additional requirements for the wage continuation benefits (i.e., agreeing to regular evaluations with a railroad-hired physician). Additionally, these benefits will need to be repaid from any injury settlement or verdict.
- Non-railroad employment: An injured railroad worker may need to seek employment elsewhere during the pendency of their case to cover their living expenses. This also assists in a claim by demonstrating that the worker is doing everything that they can to not inflate their damages.
While an injured railroad worker is entitled to claim their lost wages, there can be real-world implications and difficulties as the worker waits for their case to move through the system. An experienced railroad injury attorney can provide guidance for various benefits that a worker may be entitled to as they pursue justice for their injury.
