Rail Road Retirement Disability  Overview

Just as rail workers do not have traditional workers' compensation, and instead fall under the
FELA, they also have a unique system relating to career ending disability or retirement. During
their employment, the employee and employers contribute to a retirement system which is
administered by a quasi-governmental agency set up by federal statute, called the Railroad
Retirement Board (RRB). Both the railroad and workers fund the system through payroll
deductions and taxes.
 “occupational disability" benefit
o Basic standards provide that if a rail worker has more than 240 months of rail
service credit with the RRB (20 years of total service from one or more railroads)
and suffers cumulative injuries or diseases which render the worker medically
disqualified from their specific and usual railroad occupation, then the worker may
be entitled to this monthly disability benefit.
o The amount of monthly benefit is determined based on prior gross wages under a
formula available from the RRB offices.
o The monthly benefit is received by the worker so long as the worker is unable to
medically perform their usual occupation previously held with the railroad and as
long as alternate wage income falls below the ceiling set by RRB regulations. On
the other hand, the right to such benefits terminates if the worker becomes
medically qualified to do the prior railroad job, or if the worker takes on another
wage earning job and earns more than the monthly wage income amount
prescribed by the RRB.
 "total disability" benefit
o The worker must be totally disabled from all forms of regular gainful work activity,
and the standards for this type of disability are similar to those for a social security
disability award.
o A determination of whether the worker's cumulative injuries or diseases constitute
a "total disability" is a medical determination approved by the Railroad Retirement
Board.
o A certain total number of months of rail service credit with the RRB is mandated
before total disability qualification is available under the applicable medical
standards. Certain enhanced benefits are also available to the rail worker qualified
for a "total" disability.
o The determination of the availability of benefits is not made by the railroad
employer, but is entirely made by the Railroad Retirement Board system. A
railroad's medical department may assist and concur in the disability decision of
the worker's physician, and this may help the worker with the RRB's ultimate
decision.
A railroad worker's receipt of either an occupational disability or total disability pension
may not be used as reduction or mitigation of damages evidence by a railroad employer in the
worker's FELA action. (if a railroad worker is medically disqualified from working as a brakeman
due to an on-the-job injury, and if the worker sues under the FELA, the railroad employer may not
offer evidence that the plaintiff is receiving a monthly occupational or total disability pension from
the RRB) Such evidence is normally considered to be a "collateral" or "side" source of
compensation which does not originate from the railroad itself in the FELA action.
The employing railroad is entitled to offer other types of reduction or mitigation of
damages evidence, including contentions that the employee could return to work in his prior
railroad job or some other particular job, irrespective of the worker's entitlement to a RRB
pension.