Railroad Workers Rights - Eckman Strandness & Egan

Railroad Workers' Rights
personal injury lawyers

Under FELA, injured railroad workers are entitled to the following rights:

To recover lost wages, all unpaid medical expenses, compensation for pain and suffering, permanent disability, disfigurement, and loss of enjoyment of life for injuries received through the fault of their employer. These damages may include both past and future amounts.
For the family of a railroader killed on the job, to also recover damages for the loss they have suffered, without any limit on the amount.
To provide only a single "statement" to the railroad in the form of a Personal Injury Report. This form should be filled out as soon as possible after an accident or injury has occurred, must be signed and dated, and becomes the official "statement" of the person filling it out. You are not required by law to give any other recorded statement to the railroad.
To have your claim decided by a jury. This is often what forces the railroad to the negotiating table. Many railroad cases are settled out of court, but when railroads refuse to negotiate in good faith, a lawsuit must be brought against them.
To consult and engage an attorney. Our experienced FELA attorneys can use the law to prevent retaliation by the railroad against the injured worker.
To see the doctor of your choice. You do not have to see a company doctor, except for return-to-work physicals and periodic physicals specified by a union agreement.
To not accept light duty if your doctor has advised you to stay off work. If you are on light duty and not missing work, the railroad can get around a legal requirement to report your injury to the Federal Railroad Administration (FRA). Light duty can also be used to reduce your settlement or verdict.
To receive both a Railroad Retirement Board (RRB) disability pension, and full and fair compensation for injuries under FELA, in some cases. RRB disability pensions come from a fund created by law, supervised by the federal government, and paid for by wage withholdings from workers' paychecks.
To return to the job when medically qualified an still be entitled to fair compensation. You should never be forced into early retirement. After all, not all railroad injuries are disabling.

For a booklet containing this information and all the additional information listed here on our web site concerning railroad injuries, please contact us, and we will send it to you at no charge. For more information regarding your rights in a specific situation, contact us and one of our experienced FELA attorneys will consult with you free of charge.