FAQ: Personal Injury Wrongful Death

Personal Injury / Wrongful Death

What remedies does a railroad worker, who is injured while working, have?

Can anyone bring a wrongful death claim?

Learn More: Plaintiff's Personal Injury Law

Do I have to be injured at my workplace to be covered by workers' compensation?

No. As long as your injury is job-related, it's covered. For example, you will be covered if you are injured while traveling on business, doing a work-related errand, or even attending a required business-related social function.

What kind of benefits will I receive?

The workers' compensation system provides replacement income, medical expenses, and sometimes vocational rehabilitation benefits -- that is, on-the-job training, schooling, or job placement assistance. The benefits paid through workers' compensation, however, are almost always relatively modest.

If you become temporarily unable to work, you'll usually receive two-thirds of your average wage up to a fixed ceiling. But because these payments are tax-free, if you received decent wages prior to your injury, you'll fare reasonably well in most states. You will be eligible for these wage-loss replacement benefits as soon as you've lost a few days of work because of an injury or illness that is covered by workers' compensation.

If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment will depend on the nature and extent of your injuries. If you anticipate a permanent work disability, contact your local workers' compensation office as soon as possible; these benefits are rather complex and may take a while to process.

Social Security Benefits for the Permanently Disabled

If you're permanently unable to return to work, you may qualify for Social Security Disability benefits. Social Security Disability will, over the long run, provide more benefits than workers' compensation -- but be forewarned that these benefits are hard to get. They are reserved for seriously injured workers. To qualify, your injury or illness:

must prevent you from doing any "substantial gainful work," and
must be expected to last at least twelve months or to result in death.

If you think you may meet the above requirements, contact your local Social Security office.

What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?

In most states, it is a violation of the workers' compensation laws to retaliate against an employee for filing a workers' compensation claim. If this happens, immediately report it to your local workers' compensation office.

Further Resources

For more information on workers' compensation benefits, contact your state's workers' compensation office. Or, if you live in California and are filing a workers' compensation claim, refer to California Workers' Comp: How to Take Charge When You're Injured on the Job, by attorney Christopher Ball (Nolo).

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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