Tampa Personal Injury Attorney Discusses Not Being Covered Under Workers Compensation as a Railroad Employee
As a railroad worker 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. This actually provides more benefits to you than workers 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.
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. Under the FELA you have much more extensive protection and can file much larger claims than can an individual entitled to worker’s compensation.