As a Railroad Worker in Florida, Why am I not Covered under Workers Compensation on the Job?
As a railroad worker in Florida injured 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. It actually 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 of their medical bills. They are not entitled to recover pain and suffering or non-economic damages. However under the FELA an injured railroad worker is entitled to receive all of his wage loss, and have all of their 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. Under the FELA you have much more extensive protection and can file much larger claims than an individual entitled to worker’s compensation.
This informational blog post was provided by Dennis Morgenstern, an experienced Tampa, Florida Personal Injury Lawyer.