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Compensation After You've Been Injured In A Railroad Accident

Rail workers have an exclusive system of compensation relating to career ending disability or retirement. A railroad worker who becomes disabled, may qualify for disability benefits from the United State Railroad Retirement Board. The United States Railroad Retirement Board is an agency, similar in make-up to the Social Security Administration (SSA), and which administers retirement, survivor, and disability claims for railroad workers, their spouses and minor beneficiaries. This system is funded by railroads and railroad workers through payroll deductions and taxes.

Occupational disability benefits are determined based on prior wages under a formula available from the RRB offices. Monthly benefits are paid to workers so long as they are unable to medically perform their usual occupation previously held with the railroad, and as long as alternate wage income falls below the ceiling set by RRB regulations. The right to such benefits terminates if the worker becomes medically qualified resume his position with the railroad, or if the worker takes on another wage earning job which pays more than the monthly wage income amount prescribed by the RRB.

Total disability benefits are paid when the worker is totally disabled from all forms of regular gainful work activity. A determination of whether the worker's injuries/diseases constitute a "total disability" is a medical determination approved by the Railroad Retirement Board. A certain total number of months of rail service credit with the RRB is mandated before total disability qualification is available under the applicable medical standards. The Railroad Retirement Board not the railroad employer controls the right to the benefits; however, a railroad's medical department may assist and concur in the disability decision of the worker's physician, and this may help the worker with the RRB's ultimate decision.

A railroad worker's receipt of occupational or total disability benefits can not be used as reduction of damages in the worker's FELA action. If a railroad worker is medically disqualified from working due to an on-the-job injury, and if the worker sues under the FELA, the railroad employer may not offer evidence that the plaintiff is receiving a monthly occupational or total disability benefit from the RRB.

However, the railroad employer has a right to put forth other types of mitigation of damages evidence, contentions that the employee could return to work in his prior railroad job or some other particular job, for example, irrespective of the worker's entitlement to a RRB pension.

Navigating the world of railroad benefits, especially when also bringing claims under the Federal Employee Liability Act (FELA) is difficult and often confusing. Railroad workers are thus encouraged to seek professional advice when attempting to obtain benefits.


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