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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

Compensation for On-The-Job Injuries

(Posted October 8, 2002)

Question 195: Do railroads need to buy state workers' compensation insurance on their employees? If not, how/who covers job related injuries, how are claims made/paid, and what are the limits on health and disability reimbursement?

Answer: Railroads are exempt from Federal and State workers' compensation programs, which usually cover employee on-the-job injuries in other industries. Instead, railroad job injuries are covered under the Federal Employers Liability Act, which preceded workers' compensation legislation.

Injured rail workers must file suit against their railroad employer to recover damages caused by an on-the-job injury.

Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.

Copyright 1997-2017 Robert S. Kaufman
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