Chicago
Case Types We Handle
Personal Injuries
Car Accidents
Truck Accidents
Motorcycle Accidents
Bicycle Accidents
Construction Accidents
Nursing Home Abuse
Wrongful Death
Slip and Fall Accidents
Daycare Injury & Abuse
Edwardsville
Case Types We Handle
Personal Injuries
Car Accidents
Truck Accidents
Motorcycle Accidents
Bicycle Accidents
Nursing Home Abuse
Wrongful Death
Slip and Fall Accidents
Daycare Injury & Abuse
Premises Liability
St. Louis
Case Types We Handle
Personal Injuries
Car Accidents
Truck Accidents
Motorcycle Accidents
Bicycle Accidents
Construction Accidents
Nursing Home Abuse
Wrongful Death
Slip and Fall Accidents
Daycare Injury & Abuse
Dangerous Drugs
Defective Products
Chemical Exposure

The #1 Chicago Railroad Accident Lawyer

Written By:
Tor Hoerman
Tor Hoerman

Attorney Tor Hoerman, admitted to the Illinois State Bar Association since 1995 and The Missouri Bar since 2009, specializes nationally in mass tort litigations. Locally, Tor specializes in auto accidents and a wide variety of personal injury incidents occuring in Illinois and Missouri.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at TorHoerman Law and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Tor Hoerman, you can do so here.

TorHoerman Law does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Railroad Injury Lawyer in Chicago

On this page, we’ll discuss the benefits of hiring a Chicago railroad accident lawyer, how injured railroad workers can recover compensation through FELA claims, how an experienced FELA lawyer can help you, and much more.

Injured Railroad Workers Have Legal Options and Rights

The railroad industry is vital to the American economy, and railroad workers play a crucial role in maintaining the efficiency and safety of this transportation network.

Railroad workers often face significant risks due to the physically demanding nature of their jobs, including exposure to heavy machinery, hazardous materials, and the potential for severe accidents.

Working on a railroad necessitates stringent safety protocols to mitigate risks, though injuries and health issues still occur.

The Federal Employers Liability Act (FELA) provides these workers with a specific legal avenue to pursue compensation when injured due to negligence or unsafe conditions at work.

FELA allows an injured railroad worker to claim for damages including medical expenses, lost wages, and pain and suffering, ensuring they are supported during their recovery.

Chicago Railroad Accident Lawyer

Our FELA attorneys understand the claims process and what’s need to prove negligence, establish liability, and recover compensation for injured railroad workers.

If you or a loved one have been injured on the job as a railroad worker, you may be eligible to file a FELA claim and seek compensation.

Contact the experienced personal injury attorneys at TorHoerman Law for a free consultation to learn about your legal options and the process of FELA claims.

Use the chatbot on this page to find out if you qualify to file a railroad injury claim instantly.

Railroad employees have protections under federal law to seek compensation if their workplace injury occurred due to negligence.

Our lawyers are here to help injured railroad workers seek maximum compensation for their serious injuries and related damages.

Contact us today to learn more about how our attorneys can help you seek justice.

Table of Contents

How Can Injured Railroad Workers Seek Compensation?

Injured railroad workers can seek compensation primarily through the Federal Employers Liability Act (FELA), which is designed specifically for them.

To initiate a FELA claim, the injured worker must first report their injury to the railroad employer, detailing the circumstances and impact.

It’s essential for the worker to gather comprehensive evidence, such as medical records, witness statements, and documentation of the work environment, to support their claim of negligence.

Hiring an attorney with expertise in FELA cases is a crucial next step, as FELA lawyers are equipped to handle the process of claims for railroad injuries and can provide the necessary legal guidance.

A lawyer will file a lawsuit on behalf of the injured railroader, aiming to demonstrate that the railroad’s negligence directly caused the injury.

Negotiations for a settlement may follow, where the attorney will argue for fair compensation to cover all injury-related expenses and impacts.

If no settlement is reached, the case may proceed to trial, where a judge or jury will determine the outcome based on the evidence presented.

What is the Federal Employers Liability Act?

The Federal Employers Liability Act (FELA) is a U.S. federal law enacted in 1908 to protect and provide compensation for railroad workers who are injured on the job.

FELA was established in response to the high risk and number of injuries associated with railroad work, recognizing the need for a protective system outside of traditional workers’ compensation.

Under FELA, injured workers must prove that the railroad was at least partially negligent in causing the injury, a requirement that differs from state workers’ compensation laws, which generally provide benefits regardless of fault.

FELA allows for a broader range of damages than workers’ compensation, including full past and future wages, medical expenses, and compensation for pain and suffering.

The act also permits injured workers to file lawsuits directly against their employers in state or federal court, offering a trial by jury—an option not typically available in workers’ compensation cases.

FELA encourages railroads to operate more safely, as the potential for significant financial penalties under the law incentivizes better safety practices and working conditions.

Overall, FELA’s aim is to ensure that railroad workers have sufficient protection and remedies available when injured due to workplace conditions or employer negligence, promoting a safer and more responsible railroad industry.

The Differences Between a FELA Claim and Workers Compensation

The differences between a FELA claim and workers’ compensation primarily hinge on the parties they cover and the processes they entail.

Workers’ compensation is available to most employees in various industries across the U.S., providing benefits irrespective of fault.

In contrast, FELA is specifically designed for railroad workers and requires the injured party to prove employer negligence to qualify for compensation.

In terms of the claims process, workers’ compensation is generally administered through a more streamlined, administrative system where the injured worker files a claim with their employer’s insurance.

With workers comp, there is rarely a need for a court trial, and the process is geared towards quick resolution and benefits disbursement.

On the other hand, a FELA claim may involve detailed legal proceedings, including evidence gathering, potential settlement negotiations, and possibly a jury trial.

The concept of proving negligence in a FELA claim requires a more complex and potentially lengthy process to achieve compensation.

Common Types of Railroad Accidents and Injuries

Railroad work is inherently dangerous due to the heavy machinery, dynamic work environments, and the hazardous materials often involved.

Workers may become injured through a variety of incidents, including derailments, collisions, or accidents involving equipment.

The risks vary across different professions within the railroad industry; for instance, conductors face dangers from coupling and uncoupling cars, while maintenance workers are exposed to risks from working with and around heavy machinery.

Signalmen and track repair technicians also face significant hazards, including electrocution and injuries from faulty equipment.

The long hours and physically demanding nature of railroad work can also lead to chronic injuries from repetitive strain or accidents due to fatigue.

Common Types of Railroad Accidents and Injuries include:

  • Derailments: Often caused by track failures or operational errors, leading to potential multi-car pileups.
  • Collisions: Can occur between trains or with vehicles at crossings, often resulting in severe trauma.
  • Falls: Falls from heights or slips and trips on uneven surfaces around tracks and yards.
  • Equipment malfunctions: Faulty equipment can cause crush injuries, burns, or electrocutions.
  • Exposure to hazardous materials: Chemical spills or leaks can lead to burns, respiratory issues, or other serious health problems, including cancer.
  • Repetitive strain injuries: Due to the repetitive tasks common in railroad work, such as operating controls or heavy lifting

Do You Qualify for a FELA Claim?

Railroad work is fraught with risks, and unfortunately, injuries are not uncommon in this challenging industry.

Fortunately, the Federal Employers Liability Act (FELA) provides a pathway for compensation that addresses the unique needs of railroad employees.

If you or a loved one were injured on the job as a railroad employee, you may be eligible to file a FELA claim and seek compensation.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a FELA claim instantly.

FELA attorneys can help injured railroad workers through the process to recover compensation, including the essential steps of gathering evidence and assessing damages.

Gathering Evidence for a Railroad Injury Claim

Evidence is the cornerstone of any personal injury claim.

Your FELA attorneys will help you to gather and compile crucial evidence, but this is a part of the process you can begin on your own.

Possible evidence in a FELA claim may include:

  • Medical records
  • Employment records
  • Maintenance records
  • Witness statements and testimony
  • Regulatory guidance and industry standards
  • Testimony from expert witnesses
  • Other evidence relevant to the railroad injury and subsequent damages

Assessing Damages in Railroad Injury Claims

Damages refer to the total amount of losses incurred as a result of the railroad accident and injuries.

Your lawyer will help you to assess and calculate damages in your case.

Possible damages in a FELA claim may include:

  • Medical bills
  • Future medical expenses
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Funeral expenses

TorHoerman Law: Chicago Railroad Accident Lawyers

Our team of personal injury attorneys is prepared to help you through the process of a FELA claim, seeking compensation for medical bills, lost wages, pain and suffering, and more.

We understand the importance of workplace safety and know how to properly identify and determine negligent behavior.

If you or a loved one were injured in a railroad accident and need legal help, contact us today.

You can also use the chatbot on this page for a free and instant case evaluation.

Frequently Asked Questions

  • How do FELA lawyers help injured railroad workers recover compensation?

    FELA lawyers help injured railroad workers by investigating the circumstances of the accident, gathering and analyzing evidence, and proving negligence on the part of the employer.

    They calculate all possible damages to ensure a comprehensive claim is made, including past and future medical expenses, lost wages, and compensation for pain and suffering.

    Lawyers can also provide representation in court, if necessary, to achieve the best possible outcome for the client.

  • What should you do immediately after a railroad accident in Chicago?

    After a railroad accident in Chicago, it is important to first seek medical attention to document your injuries.

    Then, report the incident to your employer without delay, while the details are still fresh.

    Contacting a Chicago Railroad Accident Lawyer as soon as possible is also crucial; they can guide you on how to preserve evidence and start the FELA claim process to protect your rights.

  • What are the most common types of injuries that qualify for a FELA claim?

    Common types of injuries in railroad accidents that may qualify for a FELA claim include traumatic injuries such as fractures, head injuries, and spinal damage, as well as occupational illnesses like asbestos-related diseases and hearing loss due to prolonged noise exposure.

    Repetitive strain injuries from the physical demands of railroad work, such as back injuries and joint pain, also qualify under FELA for compensation claims.

Written By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

Do You
Have A Case?

Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.

Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.

Would you like our help?

About TorHoerman Law

At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.

Do you believe you’re entitled to compensation?

Use our Instant Case Evaluator to find out in as little as 60 seconds!

$495 Million
Baby Formula NEC Lawsuit

In this case, we obtained a verdict of $495 Million for our client’s child who was diagnosed with Necrotizing Enterocolitis after consuming baby formula manufactured by Abbott Laboratories.

$20 Million
Toxic Tort Injury

In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.

$103.8 Million
COX-2 Inhibitors Injury

In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.

$4 Million
Traumatic Brain Injury

In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.

$2.8 Million
Defective Heart Device

In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.

Guides & Resources
Do You
Have A Case?

Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.

Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.

Would you like our help?

Share

Related Locations

Local Chicago Resources
Education
Emergency Services
Courthouses
Department of Motor Vehicles
Sights to See
Counties We Serve
Cities We Serve

What Our Clients Have To Say