Railroad
Like maritime workers, railroad workers injured on the job do not receive workers compensation but are permitted to bring claims against employers. These actions can be brought in either state or federal court, and involve consideration of the same concerns that arise in any injury claim, the extent and nature of the injuries and their long-term prognosis, recovery of past and future wage loss, as well as damages for pain and suffering. If railroad workers are injured on the job or develop a physical disability because of the constant repetitive stress put on the body by the work, they cannot obtain workers compensation benefits. Instead, workers are protected by the Federal Employers’ Liability Act (FELA). There are important differences between workers compensation and FELA.
Under FELA, you are covered for:
- Recovery of full lost income, not a percentage
- Claims for future income loss
- Vocational training
- Compensation for non-economic damages including pain and suffering, disability, and loss of enjoyment of life
If you are injured, it is important to report the accident to the proper supervisor or other person designated by the railroad, and to fill out an accident report and submit it in a timely fashion. Many claims are jeopardized because the injured worker does not file a claim after the injury. Often the worker does not believe the condition is serious and sometimes doesn’t file a claim because of fear of a negative reaction by the employer. On the other hand, if the claim is not filed, the railroad will use this as evidence that you were not seriously injured, or perhaps not injured on the job at all.
When you are asked to fill out an accident report, it is very important to be as detailed and specific as you can about the date, time and place of injury, and how it took place. It is especially important to review carefully questions on the form that relate to which equipment or conditions caused the injury, or whether your injury was caused by some kind of unsafe practice or negligence.
It is also important to seek prompt medical care and advice. If medical treatment is not sought, the railroad can use this to claim, again, that your injuries were not severe or did not take place on the job. You have a right to see any physician or other healthcare provider you choose, and are not required to see health care providers selected by the railroad.
The best way to protect your rights if you are injured on the job is to consult with an attorney. Attorneys who represent injured workers do so on a contingent fee basis, which means that you are not required to pay any fees in advance. Consulting with an attorney is completely confidential and the railroad is not permitted to know the contents of your conversation or even, necessarily, that you consulted with a lawyer. Our firm, and others who represent injured railway workers, can assist you with questions about your injury without later bringing a claim or filing a lawsuit. It may well be that your injury is minor, and that you need not or choose not to bring a lawsuit over it. Consulting with a lawyer, however, insures that you protect your rights. This would be especially important if you have a claim, and in terms of allowing a lawyer to review any accident report that you might submit.