In Kansas, most workplace injuries are covered by worker’s compensation insurance. Employers must supply no-fault coverage for employees who experience workplace injuries. However, some individuals—including railroad workers—are exempt from these laws.
That does not mean that railroad workers have no coverage. Instead of being covered by state worker’s compensation laws, injured railroad workers are protected by the Federal Employers’ Liability Act (FELA). To claim compensation, they must demonstrate that the railroad was negligent in providing a reasonably safe work environment or adequate equipment.
A Kansas City railroad disability lawyer from BurnettDriskill can assist railroad workers with disabilities across the country in securing disability benefits from the Railroad Retirement Board (RRB). Contact our knowledgeable disability attorneys today to learn more.
The RRB operates within the executive branch of the U.S. Government and is distinct from the Social Security Administration (SSA). However, the two agencies collaborate to manage earnings records, benefit payments, taxes, and other related matters.
As a result, railroad workers often do not qualify for Social Security benefits, including disability. This is because the Railroad Retirement Act (RRA) of 1934, 45 United States Code § 231 et seq., created a separate national retirement system for them. They can receive benefits from the RRB under the RRA and the Railroad Unemployment Insurance Act (RUIA), 45 U.S.C. § 351 et seq. These benefits encompass disability, retirement, survivor, unemployment, and sickness benefits.
Not all railroad workers will qualify for RUIA. A disabled railroad worker who is not eligible for permanent railroad disability or an occupational annuity can still apply for disability benefits through the SSA. Since your disability benefits are tailored to your specific circumstances, it is essential to have an experienced Kansas City attorney review the details. They can then devise a strategy to guide you through the process.
Railroads often shield themselves from liability after an accident. A railroad quickly deploys its claim agents and attorneys to protect its interests rather than yours.
The claim agent collects witness statements, investigates the accident scene and equipment, and examines the facts. They may also try to prevent you from selecting a treating physician and pressure you to see a company doctor aligned with the railroad’s interests.
Railroad workers with disabilities must navigate a complex application process involving numerous forms and questionnaires. Incorrect responses can negatively impact your application, and correspondence from the RRB may be challenging to understand.
The claims process can be time-consuming, often involving an initial application, reconsideration if the claim is denied, and a hearing if the claim remains unresolved. When we represent someone during the initial application, we work diligently to ensure approval. If the application is denied, there are additional steps we can take to secure approval for disability benefits. We recognize that these processes can be confusing, but we are here to assist you.
Eligibility for disability benefits depends on a railroad employee’s length of service. Twenty years is the minimum term to qualify for the occupational disability annuity; however, you must also prove you have a disability.
Proof of a disability requires supplying supporting medical evidence
If you do not meet the 20 year threshold, you may have other remedies. Eligibility requires demonstrating a permanent medical condition that prevents you from working in any capacity, unless you meet certain age rules.
The RRB bases the compensation amount on your years of service and your age at the time of being granted total disability status.
BurnettDriskill, Attorneys, has a proven track record of successfully assisting disabled railroad workers in obtaining the benefits they deserve.
Contact a Kansas City railroad disability lawyer today to arrange a free, no-obligation consultation and determine your eligibility. There are no fees until you receive your benefits.
(816) 781-4836