Railroad companies have an obligation to protect railroad workers from harm. Despite this, there were more than 508 rail-related injuries in Cook County between 2011 and 2020 [1]. In addition to crossing and trespassing injuries to the public, many Chicago railroad workers have been injured while working for the railroad.
The FELA accident lawyers at Rosenfeld Injury Lawyers help injured railroad workers and their families recover compensation for their injuries. Read on to learn more about what is covered under the Federal Employers Liability Act, who can file a claim, and the process of trying to recover compensation for workplace injuries in the railroad industry.
The Federal Employees Liability Act (FELA) is a federal law passed in 1908 by Congress to reduce the high rate of serious railroad accidents involving railroad employees through negligence.
FELA’s main objective is to protect railroad workers and give injured railroad workers the ability to collect compensation after being injured due to negligence. Railroad employees can file their FELA claims at a state or federal level.
FELA is a law giving injured railroad employees the right to seek compensation after a railroad accident. It allows railroad workers to sue their employers instead of going through the workers’ compensation system. FELA allows for non-economic damages, including pain and suffering.
Under state workers’ compensation laws, an injured worker can recover some form of compensation for the injuries caused by an accident at work. Workers’ compensation is a state-mandated program where employers must have coverage for workers who are injured on the job.
Workers’ compensation pays for medical expenses, lost wages, and some death benefits. It does not allow injured workers to seek compensation for pain and suffering, even with the help of Chicago workers’ compensation attorneys.
Historically, FELA claims tend to be worth much more than a regular worker’s compensation claim, in part because they can recover non-economic damages. FELA claims also inherently have proof of negligence from the employer. It is also worth noting that FELA protects railroad workers against retaliation from their employers for seeking compensation for an accident.
Under the Federal Employers Liability Act, the types of workers who can file a FELA claim include:
FELA claims involve acts of negligence. Some examples of negligence our team of railroad accident attorneys have come across include:
![What Damages Can You Recover in a FELA [Railroad Injury] Lawsuit?](https://i.ytimg.com/vi/fTdCCvzrkWQ/hqdefault.jpg)
The sheer size of trains and equipment used in the railroad industry can leave an injured worker with lifelong and catastrophic injuries. The railroad accident lawyers at Rosenfeld Injury Lawyers have experience helping Chicago railroad workers seek compensation through FELA for a wide range of serious injuries, including:
You have three years from the date of injury or death to file a FELA claim. This is longer than is allowed for personal injury or wrongful death cases ordinarily filed at the state level. It is still a good idea to contact a railroad accident lawyer as soon as possible to start the process of building a case.
Some types of evidence, such as surveillance footage and witness testimony, become more difficult to preserve the more time that passes. By starting early, your Chicago FELA attorney can collect this evidence before it disappears.
If your claim involves an illness or an injury that is discovered later, you may have up to three years from the date of the discovery to make a FELA claim. For example, Mesothelioma is caused by exposure to asbestos.
You may not realize you were exposed to asbestos at work until an investigation occurs. The three years would start from when someone would reasonably be able to discover this. Railroad injury attorneys can help you determine how the statute of limitations applies in your case.
Railroad employees and their surviving family members can file a FELA claim. In some cases, independent contractors may also be eligible to file a FELA claim if their work was closely supervised and controlled by the Chicago railroad company.
If you are unsure if you’re able to file a FELA claim, reach out to FELA lawyers at Rosenfeld Injury Lawyers. If you’re unable to file a FELA claim, our Chicago personal injury attorneys can help you file a personal injury or workers’ compensation claim instead.
To successfully secure compensation in a FELA claim, your Chicago FELA lawyer will need to prove negligence. Specifically, your FELA attorney will need to show how your employer’s negligence caused your injury. More specifically, how the railroad breached its duty to provide a reasonably safe workplace and how this breach caused your personal injury.
This will look different in each case depending on what happened.
For example, your attorneys may be able to prove your employer had a history of OSHA violations and that your injury was related to the violation not being addressed. In a case where faulty equipment malfunctioned and caused an injury, your attorneys may look for evidence that the equipment was not maintained properly.
There are different types of damages you can recover as a part of your FELA claim. Most of these claims are either economic or non-economic.
Economic damages relate directly to financial losses you’ve incurred as a result of your injury. These include:
Unlike in workers’ compensation claims, you are able to pursue non-economic damages in FELA claims. These include:
In the event that you’re filing a FELA claim on behalf of a spouse or other family member who died as a result of their injuries, you can recover:
When you discuss your particular case with a Chicago railroad injury attorney, they can give you an idea of how much you can claim in your FELA case based on similar cases. Several factors can affect FELA claim amounts, such as:
Under pure comparative negligence, if a court determines an injured railroad worker shares the blame for their injury, their compensation may be reduced proportionately. For example, if you are found to be 30% at fault for your injuries, the amount of compensation recovered from your employer could be reduced by 30%.
If you decide to proceed with a FELA claim, the next step is to contact a railroad accident attorney. When you decide to work with the team at Rosenfeld Injury Lawyers, you can generally expect the following:
If you are a member of a union, you may have additional steps to take, such as reporting your injury to the union. Your Chicago lawyer can help you identify any additional steps you should take when filing your FELA claim.
Accidents involving railroad workers can be particularly devastating. Consider these recent statistics and incidents involving railroad workers:
The legal team at Rosenfeld Injury Lawyers has extensive experience and has recovered millions in settlements for our clients. Since we work on a contingency fee basis, you do not need to pay anything upfront or out of your pocket for our legal services. You only pay a small percentage of the settlement we help you recover. Our Chicago FELA attorneys work tirelessly to help our injured clients recover compensation after an injury or death.
Contact the Chicago railroad injury lawyers for a free case evaluation by filling out our contact form or calling us toll-free at (888) 424-5757 to discuss your legal options under FELA. A member of our team is available 24/7 to take your call.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Champaign, Elgin,Naperville, Springfield and throughout Illinois.
Resources: [1] Safe Kids Worldwide, [2] BTS, [3] Monthly Labor Review, [4] NSC Injury Facts, [5] OSHA
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.