Railroad workers face many dangers in the course of their jobs. With rushing trains, dangerous chemicals, and laborious working conditions, the risk of injury in the course of your job is high. While other workers can file for workers compensation, rail workers need to file a specific type of claim known as the Federal Employees Liability Act (FELA).
Filing this specific claim can be difficult and many claims are denied, but Staver Accident Injury Lawyers, P.C. has experience helping rail workers file for, and receive, compensation for their work-related injuries. If you have been injured on the job, fill out our online contact form or call us at (312) 236-2900 for a free, one-on-one consultation. We’re ready to help.
Common Rail Worker Injuries in Chicago
As a rail worker, you face many risks on the job. Fumes and chemicals found in the workplace can cause mesothelioma or cancer, and the hazards of the workplace can result in traumatic injuries. Your injury may be sudden and severe, like a broken leg or a bad fall, but you are also at risk of chronic injuries.
If you have suffered any of the following as a rail worker, you may be eligible for financial compensation:
- Occupational diseases such as hearing loss, lung cancer, and asbestosis
- Repetitive motion injuries, such as tendonitis or carpal tunnel
- Pre-existing conditions that are aggravated by a workplace injury
- Traumatic injuries, such as broken bones, joint sprains, and pulled muscles
At Staver, we can help you determine what kind of compensation you may be eligible for and if your costs are covered.
How is FELA Different from Workers Comp
FELA serves the same purpose as workers comp, but filing a claim is quite different. Other forms of workers compensation only cover medical costs. FELA covers a wider range of damages and often results in much higher recovery than traditional workers comp. If your claim is approved, you may be eligible to recover the following expenses:
However, FELA claims are far more complex to file, and many claims are denied. FELA, unlike regular workers compensation, requires the rail worker to prove that the railroad company was in some way negligent, and that this negligence caused the worker’s injury. If the rail worker shared in the responsibility, the amount they receive will be reduced to reflect that.
Negligence by the railroad may fall under these categories:
- Failing to properly create and maintain sufficient workplace safety rules
- Failing to properly train employees
- Failing to provide adequate manpower
- Failing to provide adequate tools and equipment
Proving negligence can be challenging, and railroad companies will do their best to avoid being judged at fault. Our team can help you build a case and maximize your compensation.
Why Do I Need an Attorney?
FELA claims are complex and damages can be high. Railroad companies will fight to avoid acknowledging your claim. It’s not enough just to have a personal injury attorney. You will need an experienced FELA attorney who is familiar with railroad working conditions and common injuries as well as railroad safety standards.
Railroad companies will hire their own lawyers to try to deny or reduce your claim, and it is crucial that your have legal counsel to help you protect your rights.
Our team can help build your claim and strengthen your argument to prove the railroad’s negligence. We can evaluate each settlement offer and advise you on what strategy to take. Your attorney will help you investigate the circumstances of your accident and negotiate with the railroad company. Working with an attorney is the best way to give your claim a fighting chance and maximize your financial compensation.
Filing a Claim
The statute of limitations for FELA claims is three years, but you will want to file your claim as soon as possible to protect your case. The first step is to file an accident report. This will prove that the incident occurred and will help you link your medical costs to the railroad. Secure an attorney as soon as possible. We can help you gather evidence and submit your claim.
After your claim is submitted, negotiations and discovery begin. This may include depositions, expert witnesses, and interviews. Your attorney can help you organize this process and negotiate for a settlement with the company as your evidence is collected.
If no settlement can be reached, you may need to go to court, where a jury will decide your case. Your attorney can help you prepare for court and organize your arguments to protect your rights. The railroad will try to fight your claim with its own argument, but at Staver, we believe in protecting the rights of workers. Your claim deserves to be honored, and we will fight to protect your rights.
Contact Staver Accident Injury Lawyers, P.C. Today
At Staver, we will fight for your right to fair compensation. No company should be able to get away with negligence. With our attorneys at your back, you can rest assured that your case is being built by an experienced team.
If you have been injured during your work for a railroad company, reach out to us online or call us at (312) 236-2900. We can help you build your case and put your life back on course. Our firm is here to help you. Schedule a free, one-on-one consultation today, and take the first steps to putting your life back to normal.
