Railroad injuries are handled entirely differently than other on the job injuries in Illinois, starting with who handles them. Typically, with on the job injuries, workers compensation will kick in to cover the employees medical and other expenses after an injury. However, railroad workers are covered under FELA. The Federal Employers Liability Act, also known as FELA was established to serve those who have been injured while working on the railroads. FELA protects not only those who work on the trains, but also those whose employer is a railroad company.
FELA is unlike workers comp in the way claims are handled. In a normal workers compensation case, fault of the employer’s negligence doesn’t need to be established. However in FELA claims, it does. This means an employee of a railroad company must show neglect which resulted in the injury.
There are several types of injuries which could be covered by FELA, from broken bones to carpel tunnel syndrome to obstructive pulmonary diseases all could be addressed as on the job injuries. FELA will provide compensation to an injured worker in the form of both future and past loss wages, any and all medical treatment involved with the injury, and past and future pain and suffering to include mental distress depending on the circumstances.
Unlike regular workers’ compensation claims, FELA cases are often worth hundreds of thousands of dollars or potentially millions. That all of course depends on the severity of the injury, but often railroad workers are catastrophically injured.
FELA imposes a 3 year statute of limitations for lawsuits. However a competent attorney will be able to calculate these dates for you and help you along in the process to make sure you get the highest compensation possible. Many attorneys dabble in this area, but very few have an amazing track record. We know who those lawyers are and are happy to connect you with them. Please contact us to help you find an attorney in your area. We are Chicago based attorneys who cover all of Illinois and can be reached at (800) 517-1614. Our service is free and every call is confidential.