If you are newly entering the railroad industry, you may assume you receive the same benefits as any other worker who primarily performs manual labor. Namely, you may be counting on the fact that you will be protected by workers’ compensation in the event of a workplace accident or job-related injury. Well, much to your surprise, federal law treats railroad workers differently and does not extend this system to them. Rest assured, you will still be offered legal safeguards and rights; they may just not be what you expect. Without further introduction, please continue reading to learn whether railroad workers are typically not covered by state workers’ compensation programs, and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can help you get the right coverage after your accident and injuries.
Why are railroad workers not covered by workers’ compensation?
Instead of being covered by a state workers’ compensation system, railroad workers are typically protected by the Federal Employers’ Liability Act (FELA). For one, this is because railroad companies tend to operate across state lines, so it is arguably more streamlined for federal law to govern potential workplace injury claims. Secondly, it can be said that FELA produces better offerings because of the historically dangerous nature of railroad work.
More specifically, for a workers’ compensation claim, an employee does not need to prove that an employer’s negligence contributed to their accident and injuries. So even though this is required for a FELA claim, a successful case may allow an injured railroad worker to recover the entirety of their lost wages, their future lost earning capacity, and even some non-economic damages (i.e., physical pain and emotional suffering).
Is there anything that would make a railroad worker eligible for workers’ compensation?
Even though we have emphasized that FELA claims are designated for railroad workers, there are certain circumstances in which workers’ compensation may apply. For example, if you are an employee (i.e., construction worker, maintenance worker, equipment repair specialist, etc.) of a private contractor who is providing services to a railroad company. In other words, if you are technically classified as an independent contractor.
Obviously, understanding your eligibility for FELA or workers’ compensation is pivotal for taking further action. This can even be said from the sole standpoint of knowing what deadline you are working with for your claim. For instance, the general statute of limitations for a FELA claim is three years. This is all while workers’ compensation claims vary by state, but they are generally shorter, at one to two years.
For further legal guidance, please look no further than one of the skilled FELA lawyers. When you work with Hildebrand McLeod & Nelson LLP, you can trust that you are in good hands. Schedule a consultation with us today.
