Injured Railroad Worker Rights
If you have been injured on a railroad site on the job, you may be feeling angry. There is some coverage for an injured railroad worker.
Injured Railroad Worker Rights | FELA Coverage
Oftentimes a railroader who is on the job or even off the job comes into the office and asks whether or not he’s covered under the FELA, for example if you have a job where you travel on the railroad for a distance and as a result of being on the job for say an 8 or 10 hour period you are required to remain overnight let’s say in a hotel and perhaps get picked up the next day and take the train on further or to catch another train coming the opposite direction to return you to your home base, you are covered by the FELA while you are remaining overnight in that distant location so for example, there have been cases where individuals staying in hotels overnight will cross the road to go to a restaurant to eat and they’re struck by a car, they are covered by the FELA if the railroad puts them into a place that involves a dangerous situation or a dangerous location.
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Injured Railroad Worker Rights | Work Compensation Coverage
As an injured railroad worker on the job you are not eligible for worker’s compensation because there is a federal statute that has been in effect since approximately 1905 called the federal employer’s liability act and it provides more benefits to you than does worker’s compensation. Under worker’s compensation an injured individual is normally entitled to recover 2/3 of their wage loss and all their medical bills. They are not entitled to recover what we call pain and suffering or non-economic damages however under the FELA an injured railroad worker is entitled to receive all of his wage loss, have all of his medical bills paid and have a claim for non-economic damages such as pain and suffering, mental anguish, inconvenience, disability, impairment and loss of the ability to enjoy life’s pleasures so under the FELA you have much more extensive protection and can file much larger claims than can an individual entitled to worker’s compensation.
If you are an injured railroad worker and want to know what compensation you are entitled to, please call our Tampa personal injury lawyers for a free consultation.