Railroad service is one of the most physically demanding and dangerous jobs. Despite strict safety guidelines, accidents do happen. The consequences can be extremely traumatizing to the victims and even their families.
The need for skilled attorneys to support injured workers is crucial today. We are committed injury attorneys dedicated to securing justice and relief for you and every hardworking Chicago railroad employee!
The Assistance Our Attorneys Provide to Railroad Workers with Accident Injuries
If you or a loved one has been injured in railroad jobs in Chicago, you require experienced legal representation to protect your rights. Chicago Injury Lawyer can guide you through the complex legal process and secure compensation with utmost dedication.
Here are some ways our railroad injury attorneys can help you get through this awful phase:
We Understand Railroad Safety Regulations
Railroad laws and safety regulations are precise. Our skilled lawyers deeply understand these policies and how they apply to your case. They can examine whether your employer violated safety regulations or failed to provide proper security.
We Are Aware of Employer Negligence
Proving negligence is vital to securing a favorable outcome in a railroad injury case. Our lawyers know how to identify factors contributing to the accident, including poor track maintenance, flawed safety measures, or improper equipment.
We Gather Evidence to Build an Effective Case
We thoroughly investigate the circumstances of your accident to identify potential causes and liable parties. After that, we gather and document all strong evidence, such as medical records, witness statements, and accident reports. It helps to build a solid case and support your claim.
We Ensure Maximized Compensation
Railroad injuries cause long-term disabilities, medical bills, lost wages, and emotional distress. Our qualified lawyers will fight to ensure you receive the maximum compensation. We will also deal with multiple insurance companies or defendants for your rights.
We Strongly Represent You in Court
If your case goes to trial, we will comfortably litigate every complex matter and advocate effectively in front of the jury. Our experienced railroad injury lawyers can present convincing evidence and make a strong case for your compensation.
Types of Railroad Worker Injuries We Observe
Railroad accidents are frequently seen in Chicago. The state contains more than 7,300 miles of track and 7,550 public highway-rail crossings, ranking second in the nation.
Workers in train accidents typically suffer severe injuries. Here are a few examples:
- Train derailment injuries
- On-the-job falls and slips injuries
- Equipment malfunction injuries
- Burn injury
- Eye injury
- Hearing Loss
- Broken neck
- Back injury
- Fractures
- Head injuries and concussions
- Immobility injuries
- Traumatic brain injuries
- Cumulative trauma injuries
- Crush injuries from moving trains or railcars
- Repetitive stress injuries
- Paraplegia
- Quadriplegia
Actions We Suggest After a Railroad Worker Injury
If you have been injured while working as a railroad employee in Chicago, acting quickly to protect your rights and ensure your claim is handled correctly is crucial. It can make all the difference in securing the compensation you deserve.
Here are some actions we recommend after a railroad working injury:
Report the Accident Immediately
You must notify your employer and report the accident when an injury occurs. It ensures your employer knows the injury and starts the documentation process for future claims. Be sure to get a copy of the accident report yourself.
Seek Medical Treatment
The foremost concern after injury must be your health and well-being. Go to the doctor immediately, even if a wound appears small. Let a physician assess and properly treat any injuries you may have suffered.
Document the Injury
Wherever necessary, capture images of the incident site, your wounds, and any machine that might have caused the injury. In addition, eyewitness statements and other proof will assist your case during trial. Remember to record the day-to-day healing process to validate your claim.
Do Not Settle Too Quickly
Chicago railroad companies and insurers offer an initial settlement after an accident. However, they often offer much lower than you deserve under proper law. Before accepting any settlement, consult with an experienced railroad injury lawyer like us to evaluate the full extent of your injuries. Our lawyers will explain what to expect so that nothing surprises you.
Railroad Worker Injury Compensation Rights
Railroad workers in Chicago have specific compensation rights under the Federal Employers Liability Act (FELA), which provides broader protections than the standard workers’ compensation law (820 ILCS 305).
The critical components of FELA are discussed here:
- Employer Liability: Under FELA, injured railroad workers must prove their employer was legally negligent. It will show that the employer failed to provide a safe working environment.
- Compensation Types: Workers can claim compensation for medical expenses, lost wages, future earning capacity, pain and suffering, emotional distress, and more.
- Comparative Negligence: Even if the railroad worker is partially at fault for their injury, they can still receive compensation, reduced by their portion of fault.
Furthermore, in terms of wrongful railroad deaths, the Illinois Wrongful Death Act (740 ILCS 180) allows for the family members of the dead railroad employee to seek financial compensation for their losses.
Evidence Needed to File a FELA Compensation Suit
To file a FELA railroad worker injury compensation claim, we recommend providing the following evidence:
- Medical Records: Documentation of your injuries and treatments.
- Witness Statements: Testimonies from colleagues or other witnesses.
- Accident Reports: Official reports detailing the incident.
- Photographs: Visual evidence of the accident scene and injuries.
- Maintenance Records: Records showing any equipment malfunctions or safety violations.
- Employment Records: Proof of your employment and work conditions.
Building a solid case for your injury claim starts with collecting the proper evidence. As the injured party, gathering proof of your injury is essential. Our attorney will work closely with you to ensure we collect all the evidence needed to strengthen your case.
Time Limit for Filing a FELA Worker Injury Claim in Chicago
The Federal Employers’ Liability Act (FELA), under the Cornell Law: 45 U.S.C. § 56, establishes a three-year statute of limitations for filing a lawsuit. This federal law enforces the rights of railroad workers and provides a clear timeline for legal action.
This three-year period is crucial for filing a claim, and failure to do so within the time frame may result in losing the right to seek compensation under FELA.
Read Our Former Client’s Stories
Hear from our clients about their railroad injury experiences. Their stories show how our dedicated support has helped them get the compensation they were promised.
Get the Legal Help You Need Today!
If you’ve been injured while working as a railroad employee in Chicago, you do not have to navigate this challenging situation by yourself. FELA provides crucial protections, but the legal process can be complex. Our skilled attorneys are ready to fight for your rights and secure the compensation you deserve to support your recovery!
Frequently Asked Questions
Do railroad workers qualify for workers’ compensation?
No, railroad workers are not covered by workers’ compensation. Instead, they are protected by the Federal Employers’ Liability Act (FELA).
Does Chicago workers’ compensation cover pain and suffering?
No. It only covers medical expenses, lost wages, and disability benefits. However, the suffering connected with an injury can affect the value of a workers’ compensation case.
Is my spouse entitled to my FELA injury settlement in Chicago?
In Chicago, your spouse may be entitled to part of your FELA worker injury settlement, particularly for loss of consortium. Consult us for details specific to your case.
