Railroad workers are entitled to injury and disability compensation different from that available to most other workers. The different remedies for railroad workers stem from the unique nature of their trade and historical developments. In particular, laws passed in the early 1900s, when railroads were at their peak, established special systems to compensate injured and disabled rail employees.
Being distinct from traditional workers’ compensation schemes, the railroad benefits systems have rules and standards that can be very different from those that come into play for other injured employees, whether under workers’ compensation or regarding the Social Security Disability benefits that most workers are entitled to.
If you were hurt while working in a railroad job, the experienced railroad accident attorneys at Disparti Law Group, P.A., are ready to fight to get you the disability compensation you deserve. The railroad disability and injury attorneys at Disparti Law Group, P.A., know the ins and outs of claims involving both the Federal Employers Liability Act (FELA) and the Railroad Retirement Board’s disability system. For a free initial consultation, contact us today. Simply call 866-236-0481 or fill out our online contact form.
We have over 30 years of experience handling FELA and railroad disability benefits claims. Our team of railroad injury and disability attorneys serve clients in Chicago, Aurora, Joliet, Elgin, Champaign-Urbana, Evanston, Rockford Tampa, and all across Illinois and the United States.
Railroad Disability Claims and Benefits
Railroad workers do not enjoy Social Security coverage for the work that they do for the railroad. Railroad employees instead have a right to benefits from the Railroad Retirement Board, which is a separate federal agency. The two systems are distinct, but they function in much the same way, with a few important exceptions.
The Railroad Retirement Board (RRB) provides retirement benefits to railroad employees. These retirement benefits are much like the retirement benefits offered under Social Security. In addition, the RRB provides disability benefits if a railroad worker becomes disabled before reaching regular retirement age.
The RBB has two types of disability benefits for injured railroad workers, unlike Social Security, which offers only one disability program. First, a railroad worker may receive total disability, also known as “disability freeze,” from the Railroad Retirement Board if the employee is permanently disabled from all work and has at least 10 years (120 months) of creditable railroad service. The medical requirements for RRB total disability are similar to those for SSD.
Second, a railroad worker can receive an occupational disability from the Railroad Retirement Board if that employee has at least 20 years (240 months) of railroad service and that employee is permanently disabled from his “regular railroad occupation.” It’s important to know that, unlike SSD or RRB total disability, RRB occupational disability has no requirement that the claimant be unable to perform any substantial gainful employment. Rather, the employee simply must be unable to perform his or her job.
In cases where a railroad worker is temporarily out of work because of an injury or illness, the RRB also provides sickness benefits.
The railroad disability lawyers at Disparti Law Group, P.A., have substantial experience representing railroad workers in the process of applying for Railroad Retirement Board disability benefits. If a railroad worker is denied Railroad Retirement disability benefits, the worker can appeal the benefits denial. The attorneys at Disparti Law Group, P.A., also have experience in pursuing Railroad Retirement Board appeals.
If you have any questions about your rights to Railroad Retirement Board disability benefits, e-mail us or call toll free at (800) 633-4091.
You don’t have to fight the government alone. We have decades of experience and knowledge that we can put to work for your benefit.
Your initial consultation is always free of charge. Please call now to ensure that you do not waive your right to possible compensation by delaying your claim.
Illinois FELA Claims For Railroad Injuries
Railroad jobs have inherent dangers. That led to the adoption of a specific law, distinct from traditional state workers’ compensation laws, that protects railroaders if they are injured while working.
The Federal Employers Liability Act (FELA) entitles railroad employees to compensation if:
- They are injured on the job;
- Their employer railroad is engaged in interstate commerce (and virtually all are); and
- They can prove their injuries resulted from the negligence or recklessness of an employer, co-worker or equipment manufacturer.
It is not necessary that an accident have happened on or around trains, or even on railroad property, for an injury to be considered “on the job.” The important issue is that the injury must have happened in the course and scope of the claimant’s railroad employment. There are some exceptions, such as for fights or horseplay, where a FELA recovery is barred.
The third element — negligence — is what most distinguishes FELA claims from claims for traditional workers’ compensation benefits. State workers’ compensation benefits are no-fault systems. In contrast, a successful FELA action requires the claimant to show that the railroad was negligent in some way. This often is accomplished by demonstrating that the railroad breached its duty to provide employees with a reasonably safe place to work.
A comparative negligence analysis applies to claims under FELA. This means that your claim won’t be barred even if you were somewhat to blame for the accident. In fact, you can be 99 percent at fault and still recover under a FELA action. This is very different from comparative negligence schemes in most state personal injury actions.
Another important difference between traditional workers’ compensation cases and FELA claims is that the railroad has no duty to pay you compensation until it is ordered to do so by a court. As a result, you must file a lawsuit instead of a workers’ compensation claim. Also unlike workers’ compensation systems, under FELA you may have your case determined by a jury instead of a bureaucrat.
For the most part, railroad injury settlements awarded under FELA are greater than compensation provided by workers’ compensation laws. That happens because FELA allows many more types of damages to be considered, including:
- Loss of past and future wages;
- Pain and suffering;
- Mental anguish;
- Physical disfigurement; and
- Rehabilitation.
Some of the serious injury types that railroad employees are likely to suffer include the following:
- Back and neck injuries;
- Burn injuries;
- Crushing injuries;
- Disfigurement;
- Electrocution;
- Fractures;
- Loss of limbs;
- Permanent disabilities; and
- Shoulder Injuries.
Contact Our Railroad Accident Lawyers Today
If you’ve been hurt while performing railroad work, our railroad accident attorneys can help ensure that you receive all of the compensation you’re entitled to.
Call Disparti Law Group, P.A., now if you or a loved one needs legal assistance with a FELA claim. We can be reached toll free at 866-236-0481, or contact us online. As always, your initial consultation is free of charge. It’s important not to wait, as delay can risk that you will waive your right to possible compensation.
