Do Railroad Workers Receive Workers’ Compensation?
When railroad workers suffer an injury on the job, the process for seeking compensation is markedly different from that of most other industries. If you find yourself in such a situation, partner with Cahill & Perry, P.C. Attorneys at Law.
Federal Employers’ Liability Act (FELA) for Railroad Workers
Railroad workers do not receive traditional workers’ compensation. Instead, they are covered under the Federal Employers’ Liability Act (FELA), a distinct legal framework established to protect railroad workers injured on the job. FELA is markedly different from conventional workers’ compensation systems in several crucial ways, each designed to address the unique risks associated with railroad work.
Burden of Proof
Under traditional workers’ compensation systems, benefits are generally provided on a no-fault basis, meaning employees can receive benefits regardless of who is at fault for their injuries. In contrast, FELA requires injured railroad workers to prove that the railroad’s negligence contributed to their injury. This requirement for proof of negligence is essential for a claim to be successful under FELA, adding a layer of complexity to the compensation process.
Types of Damages
Workers’ compensation typically covers only medical expenses and a portion of lost wages, and does not compensate for pain and suffering or other non-economic damages. FELA, however, allows for a broader range of compensation. This includes full medical expenses, total lost wages, pain and suffering, diminished future earning capacity, and future medical costs. This comprehensive approach to compensation acknowledges the severe impact injuries can have on a railroad worker’s life and career.
Settlement and Litigation Process
The process for resolving claims also differs significantly between workers’ compensation and FELA. Workers’ compensation claims are usually resolved through a streamlined administrative process, which typically avoids court proceedings and aims to provide quick financial assistance to injured workers. FELA, on the other hand, offers the possibility of settling claims or going to trial. This legal process can lead to more substantial settlements through court judgments but may involve a more extended litigation period compared to workers’ compensation.
Our skilled New Haven, CT railroad injury lawyers at Cahill & Perry, P.C. Attorneys at Law have secured numerous favorable outcomes for injured railroad workers under FELA. Detailed case results can be explored on our case results page.
Benefits and Challenges of FELA
While traditional workers’ compensation offers certain advantages, FELA provides railroad workers with several unique benefits:
- Comprehensive Compensation: FELA enables more extensive recovery options compared to typical workers’ compensation. Injured railroad workers can claim lost wages, complete medical expenses, and compensation for both physical and emotional pain and suffering.
- Safety Incentives: The requirement for proving employer negligence under FELA prompts railroads to maintain high safety standards, helping to prevent accidents and promote a safer work environment.
- Jury Trials: FELA cases are eligible for jury trials, which can be advantageous. Juries might empathize more with the circumstances of injured workers, potentially leading to more favorable compensation outcomes.
There are also challenges railroad workers should be aware of when pursuing a claim:
- Burden of Proof: FELA demands that claimants prove their employer’s negligence contributed to their injuries. This requirement often necessitates a substantial collection of evidence and expert testimony, complicating the legal proceedings.
- Lengthy Litigation: Establishing negligence can result in extended court cases. These not only delay compensation but can also increase financial and emotional burdens for the injured worker and their family.
- Variable Outcomes: The dependency on jury verdicts introduces unpredictability in FELA cases. Compensation amounts can vary widely based on how the jury perceives and interprets the evidence.
Securing Your Rights with the Best FELA Attorneys in Connecticut
Handling the complexities of FELA claims requires thorough knowledge of the law and a strategic approach to each unique case. At Cahill & Perry, P.C. Attorneys at Law, our extensive background in railroad injury law and consistent focus on railroad worker rights equip us to provide significant support and guidance to those injured on the railroad.
If you are dealing with the consequences of a railroad injury, securing proficient legal support is critical to manage the challenges of FELA effectively and to maximize your compensation benefits. If you’re looking for assistance with a railroad injury or FELA claim, don’t wait. Contact us today to see how we can help you secure the justice and compensation you deserve.
