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Do Railroad Workers Receive Workers’ Compensation?


engineer inspects trains Construction workers on the railway Engineer working on railway depot maintenanceWhen 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.

  • $10.8 Million Verdict for a Metro-North Conductor wrongful death case. (Avery v. Metro-North RR).
  • $8 Million settlement for an Amtrak Trackman who sustained a crushed leg. (Cevasco v. National Railroad Passenger Corp.).
  • $7 Million settlement for a Metro-North Foreman whose legs were amputated. (Renert v. Metro-North RR).
  • $5.8 Million settlement for an Amtrak Conductor who sustained a head injury. (Fitzpatrick v. National Railroad Passenger Corp.).
  • $5.5 Million settlement for a Metro-North Machinist wrongful death case. (Pieger v. Metro-North RR).
  • $4.3 Million Verdict for a Metro-North Conductor wrongful death case. (Ard v. Metro-North RR)
  • $2.57 Million Verdict for an Amtrak Conductor who sustained a back injury. (Pace v. National Railroad Passenger Corp.).
  • $2.5 Million Settlement for a Metro-North employee who sustained a serious head injury.
  • Settled for a Confidential Sum for a Massachusetts Bay Commuter Railroad Company Trackman wrongful death case. (Macaulay v. Massachusetts Bay Commuter Railroad Company.)
  • $6.250 Million Verdict in 2023 which was later reduced to $2.1 Million for a Metro-North Structural Welder/Ironworker who sustained head and neck injuries and has returned to work. (Torres v. Metro-North RR).
  • $2 Million Verdict for a Metro-North Lineman who sustained an electrical burn (Curly v. Metro-North RR).
  • $2 Million Settlement in 2020 for a Providence & Worcester Railroad Company Conductor who sustained a serious head injury and returned to work for another RR as an Engineer. (Scarpa v. Providence & Worcester Railroad Company.)
  • $2 Million Settlement for a Metro-North Conductor who sustained a fractured leg.
    Settled for a Confidential Sum in 2019 an Amtrak Lineman involving an electrocution causing a permanent occupational disability. (Anderson v. National Railroad Passenger Corp.).
  • $1.85 Million Verdict for an Amtrak Ticket Agent who was assaulted. (Schneider v. National Railroad Passenger Corp.)
  • Compensatory and punitive damages Verdicts and subsequently settled for $1.8 Million in 2023 for a Metro-North
  • Conductor who suffered Post-Traumatic Stress Disorder. (Moran v. Metropolitan Transportation Authority).
  • $1.69 Million Settlement for an Amtrak Supervisor who was shot by an employee. (Cornelius v. National Railroad Passenger Corp.)
  • $1.65 Million Verdict for a Metro-North Lineman who sustained foot and ankle injuries. (Keating v. Metro-North RR).
  • $1.65 Million Verdict for a Metro-North TA Employee who sustained an Open Tibia Fracture to his left leg. (Rivera v. Metro-North RR).
  • $1.54 Million Verdict for an Amtrak General Foreman who sustained a herniated disc in his lower back. (Brady v. National Railroad Passenger Corporation).
  • $1.45 Million Verdict for a Construction Worker who sustained a left hip injury. (Quintiliani v. National Railroad Passenger Corporation).
  • $1.42 Million Verdict for a Metro-North Machinist who sustained a fractured rib and a herniated disc. (Hall v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Mechanical Gang Foreman who sustained burns from an explosion of steam on an engine. (Berry v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Carpenter Foreman who sustained a back injury. (Kendall v. Metro-North RR).
  • $1.3 Million Verdict for a Metro-North Signal Trainee Maintainer who sustained a back injury from a slip and fall. (Moran v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Signal Maintainer who sustained a back injury and post-concussion syndrome. (Manes v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Trackman who sustained crushed legs. (Murillo v. Metro-North RR).
  • $1 Million Settlement for a Metro-North Trackman who sustained burns from pot welding and subsequently returned to work. (Burke v. Metro-North RR).

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If you are a railroad worker who has been injured on the job, you need a lawyer who understands the complicated FELA claims process. Find out how we can help you receive the compensation you deserve.

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