Helping You Pursue Justice In Railroad Worker Injury FELA Claims
Railroad employees face many potential safety hazards in their line of work. Injuries on the job can be life-changing. When you or a loved one has suffered such injuries, you need a legal team you can count on to stand by your side. Turn to our trusted Illinois railroad work injury lawyers at D&W Law Group.
We are dedicated to fighting for justice for railroad workers in Chicago, Cook County and beyond. Our team has extensive experience guiding such workers through FELA claims. Let us pursue the compensation you need following a railroad accident.
What Is FELA?
The Federal Employer’s Liability Act (FELA) is a federal law that provides crucial protections to railroad employees. It allows such workers to pursue lawsuits against their employers for work-related injuries. FELA lawsuits can typically be filed in either state or federal court.
Who Can Pursue A FELA Claim?
FELA covers virtually all employees of railroads. This includes workers who don’t typically work directly in or around trains, such as clerical staff. In some instances, even independent contractors connected to railroad work may be eligible to pursue a claim. If you are unsure whether your position is covered under FELA, we are here to help you determine your eligibility.
What Railroad Worker Injuries Does FELA Cover?
Nearly any work-related injury could be the basis of a FELA claim. Common injuries from railroad worker accidents include:
- Traumatic brain injuries
- Sprains
- Broken bones
- Back and spine injuries
- Amputations
- Burns and electrical shock
Railroad workers can also pursue FELA claims for occupational illnesses, such as respiratory diseases, chemical poisoning or cancer.
What Do You Need To Prove In A FELA Case?
Unlike with workers’ compensation cases, you need to prove negligence in a FELA injury claim. For FELA cases, this means showing that your employer failed to properly protect your safety and that this failure played some role in your injury. While this is a lighter standard of proof than in many other injury cases, you could still face challenges in meeting it. Our team of skilled railroad work injury lawyers can help gather evidence of employer negligence and assist you with all other aspects of building a strong FELA case.
Common Causes Of Railroad Worker Injuries
Railroad workers face numerous hazards that can lead to serious injuries on the job. Here are the most significant factors that contribute to railroad workplace accidents:
- Equipment malfunctions: Failing brakes, defective coupling mechanisms and malfunctioning safety devices often lead to severe accidents.
- Track and switch defects: Improperly maintained tracks, missing bolts and damaged switches can cause derailments or unexpected train movements.
- Unsafe working conditions: Poor lighting in railyards, unstable walking surfaces and inadequate weather protection create hazardous environments that increase accident risks. This includes insufficient warning systems and poorly maintained walkways.
- Training and supervision issues: Inadequate worker training, particularly for new employees or those operating specialized equipment, creates dangerous situations.
- Fatigue-related accidents: Irregular schedules, extended work hours and insufficient rest periods lead to decreased alertness and increased accident risk.
- Exposure to toxic materials: Contact with harmful substances, including asbestos, diesel fumes and chemical solvents, can cause serious long-term health conditions. Many workers face ongoing exposure without proper protective equipment.
Understanding these common causes helps workers stay alert and know their rights when injuries occur due to employer negligence.
What To Do After An Accident?
The actions you take immediately following a railroad accident can significantly impact both your recovery and your FELA claim. To protect your health and legal rights, follow these essential steps:
- Seek medical care: Get immediate medical attention, even if injuries seem minor. Medical documentation serves as crucial evidence for your claim and helps identify potentially serious conditions early.
- Report the incident: Tell your supervisor immediately and make sure an official incident report is filed. Provide factual information about what occurred, but avoid speculating about fault or making detailed statements without legal counsel.
- Document everything: Take photographs of the accident scene, your injuries and any equipment involved if it is safe to do so. Keep detailed records of medical treatments, medications and work absences related to your injuries.
- Gather witness information: Collect the names and contact details of any coworkers or others who witnessed the accident. Their testimonies can provide valuable support for your case.
- Avoid railroad claims agents: Do not sign documents or provide recorded statements to railroad representatives without first talking to an attorney.
Taking these steps carefully can strengthen your position and help you receive the compensation you deserve under FELA. Remember, the railroad company will immediately begin protecting its interests – you should take prompt action to protect yours.
How Long Do You Have To Make A FELA Claim?
Generally, you have three years from the date of the injury to file a FELA claim. Given this, acting quickly can be critical. One key step for protecting your rights is to reach out to skilled FELA railroad work accident attorneys as soon as possible. Our knowledgeable team is ready to guide you through the FELA claims process. At every step, we will provide you with proactive advocacy and help ensure you meet the necessary deadlines for your case.
How Much Can You Recover Under FELA?
In FELA cases, railroad workers can seek compensation for various types of damages, including:
- Medical treatment coverage
- Lost wages
- Pain and suffering
- Mental distress
Many factors can influence how much your FELA claim could be worth, including:
- The severity of the injury
- The complexity of the treatment
- Your current and future earning capacity
- Whether you were at all responsible for the injury
Our railroad work injury lawyers are here to help you understand what types of compensation you could pursue and provide a realistic assessment of your case’s worth.
What If I’m Accused Of Causing The Accident?
In response to your claim, the railroad may argue that you were at fault. What could this mean for your case? Being partially at fault doesn’t disqualify you from bringing a FELA lawsuit. However, it could reduce the amount of damages you receive. FELA cases use a comparative negligence system. Under this system, your recovery is lowered by a percentage equal to your level of fault. Our FELA attorneys can help you respond to employer allegations that you were at fault for your injuries. We will do everything we can to protect your rights and pursue the financial relief you deserve.
How Long Will Your FELA Claim Take?
The length of FELA cases can vary quite a bit, ranging from months to years. A great many factors could impact how long your case ends up taking, including:
- The complexity of your case
- Whether you make mistakes with your claim
- How aggressively your employer contests your claim
- Whether you file your claim in state or federal court
- Whether you resolve your claim through alternative dispute resolution methods or go to trial
Our knowledgeable railroad work injury lawyers understand what is needed for efficient solutions in FELA cases. Let us help you steer clear of missteps that could unnecessarily delay your case. From start to finish, we strive to make the FELA claims process as smooth as possible for you.
Why Choose Our Team?
Our experience and tenacity make us trusted allies for injured railroad workers throughout the area. We understand the complexity of FELA claims and the great amount of close attention they require to achieve success. We purposefully take only a few FELA cases each year to ensure that each client receives the comprehensive, dedicated support they deserve. We are passionate about helping you seek the compensation you need to protect your future after a railroad injury.
Discover What A Difference Strong Advocacy Can Make
If you have suffered railroad injuries, don’t wait to seek trusted legal help. Reach out today to learn more about how our team can fight for your compensation rights under FELA. Set up a free consultation today by calling 312-888-8888 or sending us a message. Polish language services are also available.