4 Ways Railroad Injuries Differ
Jobs that inherently require travel, such as those for the railroad, airlines, and public transportation, can be in a class all their own. While some of us do largely sedentary work and others are on their feet for a few hours at a time, a bus driver may find him- or herself in a different state at the end of a shift, and a flight attendant may clock out in another country. These workers must contend with time differences, culture shock, and long hours on the road or in the air as part of their job descriptions.
Railroad workers, though, have special privileges as federal employees, and these differences affect many of their benefits as employees. Where personal injuries are concerned, there are thus distinct protocols that railroad workers have to follow. Attorneys with experience in personal injury law can provide invaluable guidance if you sustain an injury as a railroad worker. The travel-based component of your position entitles you to additional protections, and our accident lawyers in Tampa FL can ensure that you receive the compensation that is reserved especially for railroad injuries.
1. Railroad Injuries Are Protected by FELA.
If you are injured while on the job, you have the right to file a claim against the railroad. Any negligence, however slight, brings a claim against the railroad under the Federal Employers’ Liability Act, or FELA. If one of your co-workers plays a part in your injury, you have a claim under FELA. Your railroad employer will be legally responsible for the carelessness of you co-worker. As a railroad worker, you can collect damages for your medical bills, your lost wages, and non-economic damages.
2. FELA Can Cover Railroad Injuries Sustained While Traveling for Work.
If you sustain an injury while away from your home location, that injury will be covered by FELA. To illustrate, if a worker were required to remain overnight in a distant location between shifts, and he or she were injured during that overnight stay, FELA would compensate the employee. If you are injured while on the job, our accident lawyers in Tampa FL can represent you in your claims under FELA.
3. Stress Injuries Are Grounds for Compensation.
Common occupational injuries among railroad workers include repetitive stress injuries (such as carpal tunnel), diseases (such as silicosis), and auditory conditions. Railroad workers have claims for these occupational diseases and injuries under FELA.
4. Workers’ Compensation Is Not Relevant.
A railroad worker injured on the job is not eligible for workers’ compensation because FELA provides more benefits. Under workers’ compensation, an injured individual is normally entitled to recover two-thirds of her or his lost wages and have all medical bills paid. Under FELA, however, an injured railroad worker is entitled to receive all of her or his lost wages, have all of her or his medical bills paid, and file a claim for non-economic damages. Damages that are non-economic in nature include pain and suffering, mental anguish, inconvenience, disability, impairment, and the loss of the ability to enjoy life. FELA clearly offers more extensive protection to an individual than workers’ compensation possibly can.
The Federal Employers’ Liability Act offers a wealth of important safeguards to railroad workers, who maintain important roles as employees of the federal government. Because of the distinct legislation that covers railroad workers’ rights, though, seeking compensation and damages following an injury can be a daunting task. If you are a railroad worker and you have been injured either at work or while traveling away from your home for your job, consult one of our experienced accident lawyers in Tampa FL today for guidance through the process of filing a legal claim for all railroad injuries.