As a railroad worker who has suffered a work-related injury or illness, you may have already been made familiar with a Federal Employers’ Liability Act (FELA) claim. This is your legal right to sue your current or former railroad company employer for negligence if you got injured or incurred an illness on the job while performing a work-related task. However, you may be less familiar with your possible option for Railroad Retirement Board (RRB) benefits, and whether this cancels out your FELA claim eligibility. Well, with these things considered, please read on to discover whether you can file a FELA claim while collecting RRB disability benefits and how one of the FELA lawyers at Hildebrand McLeod & Nelson LLP can help you manage your claims accordingly.
What should I know about RRB disability benefits?
Essentially, the RRB provides disability benefits to railroad workers who no longer perform their work duties due to a medical condition. This program is very similar to the federal Social Security Disability Insurance (SSDI) benefits program, except it is specifically designed for workers in the railroad industry. This is arguably comparable to the distinction between workers’ compensation claims and FELA claims. Now, not every railroad worker is deemed eligible for RRB disability benefits. This largely depends on their length of service in the railroad industry, the type and severity of their medical condition, and how their condition affects their ability to work.
Can I file a FELA claim while collecting RRB disability benefits?
First of all, you should note that RRB disability benefits are administered independently from an FELA claim. With that, you should understand that collecting RRB disability benefits does not automatically prevent you from filing a FELA claim. After all, RRB disability benefits are for railroad workers who cannot work anymore due to a disability, regardless of its origin or cause. This is while FELA claims are for railroad workers seeking financial compensation from their negligent railroad company employer for ultimately causing their work-related disability. Needless to say, if you no longer have a place in the railroad industry because of your employer’s negligence, you can and should apply for RRB disability benefits and file a FELA claim, too.
While you may have the opportunity to pursue both, you must be aware that your FELA claim settlement or final judgment may impact your RRB benefit calculations. This is in an effort to prevent “double recovery.” With that, you must inform the Board of your financial award to prevent an overpayment of benefits. The last thing you may want is to be penalized after the Board learns of this first. In a worst-case scenario, you may be accused of fraudulent misrepresentation, prompting lengthy audits and administrative reviews, and even resulting in a legal action being placed against you.
To conclude, there is no need to go through the important steps of filing a FELA claim and applying for RRB benefits alone. Please seek the support and assistance of one of the competent FELA lawyers. Contact Hildebrand McLeod & Nelson LLP today.
