I was Injured on the Job as a Railroad Employee…
FAQ,Personal Injury,Train Accident,Work Injury,Workers' Compensation - March 28, 2024 by Horwitz, Horwitz & Associates
Question:
I was injured on the job as a railroad employee. I had massive rotator cuff repair, the doctors have told me I am not going to return to my job. I am drawing railroad retirement disability, my employer terminated mine and my dependents medical insurance, saying that I have to pay $900.00 a month to keep coverage going. Is it legal for them to cut my insurance off when I was injured on the job?
– Dale, East Peoria, IL
– Dale, East Peoria, IL
Answer:
As a railroad employee, you fall under the Federal Employee Liability Act, assuming your work relates to Interstate Commerce. You are entitled to payment of your medical bills and lost wages due to the injury. You have a three-year Statute of Limitations. If the employer, through its employees, was negligent, then you are entitled to compensation for pain and suffering and disability along with a jury trial by a jury of your peers.
If your employer terminated you because of your filing of a claim or as a retaliation for your injury, you may have an actionable claim. These cases are tough to prove but rewarding if they can be proved. Essentially, we look to see what your employment status was before the accident versus afterwards. If you received good evaluations, awards, commendation or recognition before the accident, but that changes after the accident, that is usually good evidence of the employers intent to discriminate against you.
Now as to your question regarding insurance. The employer has no common law duty to provide you with insurance. The employer is required to provide insurance if they have a contract with you or with any union that you belong too and that contract requires an extension of insurance.
The employer should offer you a COBRA plan for continued insurance once you leave their employ, though you would have to pay the premiums. You may be entitled to a COBRA offer. It sounds like your employer is offering you COBRA coverage since they are asking to pay the premium. This is the normal practice.
I would recommend that you concentrate on pursuing your rights under the FELA and obtain an attorney in that regard. We can help you if you wish.
If your employer terminated you because of your filing of a claim or as a retaliation for your injury, you may have an actionable claim. These cases are tough to prove but rewarding if they can be proved. Essentially, we look to see what your employment status was before the accident versus afterwards. If you received good evaluations, awards, commendation or recognition before the accident, but that changes after the accident, that is usually good evidence of the employers intent to discriminate against you.
Now as to your question regarding insurance. The employer has no common law duty to provide you with insurance. The employer is required to provide insurance if they have a contract with you or with any union that you belong too and that contract requires an extension of insurance.
The employer should offer you a COBRA plan for continued insurance once you leave their employ, though you would have to pay the premiums. You may be entitled to a COBRA offer. It sounds like your employer is offering you COBRA coverage since they are asking to pay the premium. This is the normal practice.
I would recommend that you concentrate on pursuing your rights under the FELA and obtain an attorney in that regard. We can help you if you wish.
