Railroad Workers' Rights
Under FELA, injured railroad workers are entitled to the following rights:
- To recover lost wages, all unpaid medical expenses, compensation for pain and
suffering, permanent disability, disfigurement, and loss of enjoyment of life
for injuries received through the fault of their employer. These damages may
include both past and future amounts.
- For the family of a railroader killed on the job, to also recover damages for
the loss they have suffered, without any limit on the amount.
- To provide only a single "statement" to the railroad in the form of a Personal
Injury Report. This form should be filled out as soon as possible after an
accident or injury has occurred, must be signed and dated, and becomes the
official "statement" of the person filling it out. You are not required by law
to give any other recorded statement to the railroad.
- To have your claim decided by a jury. This is often what forces the railroad to
the negotiating table. Many railroad cases are settled out of court, but when
railroads refuse to negotiate in good faith, a lawsuit must be brought against
- To consult and engage an attorney. Our experienced FELA attorneys can use the
law to prevent retaliation by the railroad against the injured worker.
- To see the doctor of your choice. You do not have to see a company doctor,
except for return-to-work physicals and periodic physicals specified by a union
- To not accept light duty if your doctor has advised you to stay off work. If you
are on light duty and not missing work, the railroad can get around a legal
requirement to report your injury to the Federal Railroad Administration (FRA).
Light duty can also be used to reduce your settlement or verdict.
- To receive both a Railroad Retirement Board (RRB) disability pension, and full
and fair compensation for injuries under FELA, in some cases. RRB disability
pensions come from a fund created by law, supervised by the federal government,
and paid for by wage withholdings from workers' paychecks.
- To return to the job when medically qualified an still be entitled to fair
compensation. You should never be forced into early retirement. After all, not
all railroad injuries are disabling.
For a booklet containing this information and all the additional information
listed here on our web site concerning railroad injuries, please
contact us, and
we will send it to you at no charge. For more information regarding your rights
in a specific situation, contact us and one of our experienced FELA attorneys
will consult with you free of charge.
What To Do If You're Injured
A Warning Regarding Claim Agents
Railroad Newsletter Articles
| Home |
Our Lawyers | Our Staff |
Areas of Practice |
| Recent Successes | Hot
Topics | FAQ | Links |
Site Map | Contact Us |
Eckman, Strandness & Egan P.A.
319 Barry Ave. South Suite 100, Wayzata, MN 55391-0597
Mailing Address: P.O. Box 597, Wayzata, MN 55391-0597
(952) 594-3600 | (800) 328-1096 Fax (952) 594-3601
Copyright © 2004 Eckman Strandness & Egan
Friday, October 24, 2014