Settling Your Claim



When an injured railroader has established his/her claim by showing that the accident was caused by the negligence of the railroad, in whole or in part, the next question is: how much is he/she entitled to? The answer depends on the nature of the injuries, and upon certain other facts:

  • (1) The more serious and more permanent an injury is, the more money the injured worker is entitled to recover.
  • (2) The amount the injured worker has spent or is likely to spend in the future for medical treatment; that is, for doctor's bills, expenses for nurses, medicines, operations, hospitalization, ambulance, X-rays or other special kinds of tests.
  • (3) The amount of wages lost in the past, as well as what may be lost in the future.
  • (4) The claim should also include a sum of money which will repay the injured worker for all past, present and future pain and suffering.

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Published by Brotherhood Railway Carmen Division of TCU
Heartland Lodge 6760, Fort Wayne, Indiana, USA, August 16, 1996
Revised August 29, 2012