Yes. There are two types of benefits available in the case of a work related injury; temporary sickness benefits and disability benefits.

Temporary sickness benefits can be applied for if you are unable to work at your railroad position because of sickness or injury. Any payments made by the RRB for sickness benefits must be paid back out of any settlement or judgment you win against the railroad.

The second type of benefit is referred to as a disability benefit. There are two types of disability benefits that are available. The first of these is an occupational disability benefit.  A railroader can qualify for this type of benefit if the worker has at least 240 months (20/years) of rail service credit with the RRB and have cumulative injuries or diseases which render the worker unable to perform their specific and usual railroad occupation. There is an exception to the 20-year requirement if you are at least 60 years old and have at least 10 years of service with the railroad. The amount of this benefit is determined by guidelines established by the RRB based upon the worker's prior gross wages. This benefit continues until the railroader is able to return to work or begins making over a certain amount of wages from an alternative work source.  The second type is called a total disability benefit.  In order to qualify for this benefit, the railroader must be totally disabled from all forms of regular gainful work activity which is similar to the standards used by the Social Security Administration to determine disability. The RRB, not the railroad, is responsible for making a determination as to whether a railroader is totally disabled. A railroader must have at least 120 months (10/years) of rail service credit before this benefit is available.  Receipt of payments for occupational or total disability benefits cannot be used by the railroad to reduce the damages a railroader is entitled to receive in a FELA action.

14. Can the railroad retaliate against me for making a FELA claim?

No.  You should know that FELA and the National Railroad Adjustment Board both hold that neither the injured railroader who brings a lawsuit, nor the railroad workers who testify on their behalf, can be subjected to loss of job or other types of reprisals by the railroad. The Act specifically provides that "Whoever by threat, intimidation, order, rule, contract regulation or device whatsoever... or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing such information to a person in interest shall upon conviction thereof, be punished by a fine of not more than $1,000.00 or imprisonment for not more than one year or by both such fine and imprisonment for each offense".