If you are a New Jersey railroad employee who has sustained a job related injury that has prevented you from working, the railroad disability attorneys at Cahill Goetsch & Perry, P.C. provide valuable information on how to access your railroad disability benefits.
An injured railroad employee may seek compensation for their injuries or illnesses associated with the negligence of a railroad company under FELA. FELA was established to impart a standard for safe working conditions for the railroad industry, and provide medical and disability benefits for injured railroad workers and their families. Under FELA a railroad employee may seek compensation for lost wages, medical treatment, and damages for pain and suffering.
Family Medical Leave Act (FMLA)
A railroad worker may file a complaint against a railroad company that has interfered with or denied the right of the employee to exercise their rights under FMLA. FMLA is an act that requires employers to provide unpaid medical leave. Railroad employees can recover damages for any compensation that was denied because the railroad company violated their FMLA rights. The court may also force a railroad to hire, reinstate, or promote an employee if it deems it appropriate.
Federal Rail Safety Act (FRSA)
Railroad employees are also protected against retaliation by employers for exercising their rights to report safety violations or on the job injuries benefits. Under the FELA, an employee’s fellow railroad workers are protected from retaliation by the railroad when they act as a witness to an injury or provide information in a FELA case.
Temporary Railroad Disability
Railroad employees who are unable to work due to an injury, illness or due to pregnancy or childbirth have the right to apply for temporary Railroad Retirement Board (RRB) disability or sickness benefits. RRB benefits are available to railroad employees who are not receiving regular wages from their employer, are paid out semi-monthly, and may be reimbursed from any future awards or settlements that are received as part of a suit against the employer.
RRB Disability Pensions
If you are permanently disabled due to an injury or sickness, you may be entitled to receive one of two kinds of RRB disability pension. If you are permanently disabled from any regular and gainful work (not just your railroad job) then you may be entitled to an RRB total disability pension. You may be entitled to an RRB occupational disability pension if you are permanently disabled from performing any aspect of the duties of your regular railroad occupation. Both types of disability pensions have restrictions based on length of service to the employer as well as limits to the amount you can earn while collecting disability benefits.