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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.
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