Work related injuries to railroad workers average 5,984 per year and are governed by the Federal Employers' Liability Act (FELA), originally passed by Congress in 1908. FELA covers all types of injuries including repetitive trauma and extremely long-term injury like mesothelioma. An injury can be reported to the railroad company, or suit can be filed in state or federal court. If a report is made to the company, the usual procedure is for a railroad claims agent to begin an investigation. The agent will take witness statements, photographs of the scene and equipment, and measurements if necessary.

FELA works much like Workers Compensation, except that an injured worker must first prove that the railroad company was partly responsible for causing the injury. The result is that FELA claims can provide greater compensation in the long run. However, obtaining compensation is made difficult by railroad companies' hiring agents and investigators to protect their interests and diminish the severity of your injuries. A seasoned FELA attorney can protect your rights if you are injured on the job.

There are steps you can take to protect your rights if you are injured. First, seek quality medical attention. A railroad investigator may try to prevent you from choosing your treating physician. Do not allow the railroad to choose your physician. Often those doctors are more loyal to the railroad. You have a right to a medical provider who will put your interests first.

It is important not to give a statement to an agent until after speaking with an attorney or union representative. Railroad agents may tell you that such statements are routine, but any information you give them could be used against you in a case. The railroad's agents and attorneys have worked closely with important FELA cases and will try to minimize the railroad's liability and the extent of your injuries.

Statistics establish that on average, only 20% of injured railroad workers hire attorneys. Those workers receive 70% of the money paid out by the railroads, whereas the remaining 80% who don't hire attorneys receive only 30% of the money paid out. (Transportation Research Board, National Research Counsel Special Report 241)

FELA does not operate the same as Workers' Compensation laws. Under FELA, you cannot recover monetary damages merely because you were injured on-duty. In order to recover, you must first prove that the injury was caused in part by the railroad's failure to provide proper equipment or a reasonably safe place to work. A FELA attorney can help you prove the railroad's negligence and maximize your compensation.

If you think you have a case, please contact us as soon as possible to evaluate your claim. Our firm has handled FELA cases in Cook, DuPage, Kane, Lake, and other surrounding Illinois counties. Every claim has a statute of limitations, which will bar the case if not filed before it expires. Therefore, prompt attention is required in order to best insure that you receive just compensation for your injuries. If our firm cannot represent you, likely we can direct you to a firm who will properly handle the matter or we will explain, in as much detail as necessary, why we cannot assist you or refer your matter elsewhere.

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