Assisting Injured Railroad Workers In Their Pursuit Of Compensation
If you’re injured on a railway job in Illinois and are a FELA union member, then you have significant legal protections under the Federal Employers’ Liability Act (FELA). This law differs from the quick help that you might get from Illinois workers’ compensation because, with FELA, you have to show that the railroad was at least partly careless in causing your injury.
The FELA attorney at Montgomery Law Firm LLC knows that Illinois’ laws can be confusing. With over 35 years of experience serving clients in Chicago, attorney James D. Montgomery Jr. knows how to defend your long-term well-being after a serious accident or civil rights violation. Your FELA case will be his main focus, and he will answer your questions.
What Is The Fela Employers’ Liability Act (FELA)?
FELA is a U.S. federal law enacted to protect and provide compensation for railroad workers injured on the job. It allows them to file lawsuits against their employers for negligence-related injuries.
While Illinois workers’ compensation offers quick financial relief for any work-related injury, FELA follows a different path. Under FELA, you must prove that the railroad’s negligence partially or fully caused your injury, and it also covers a variety of work-related injuries, including accidents, repetitive stress injuries and exposure to harmful elements.
How A FELA Attorney Can Help FELA Union Members Get Compensation
As an injured FELA union member, remember that your employer knows that you might use FELA against them. They are trained to collect information that could counter your move. However, a skilled FELA attorney can act on your behalf. Attorney Montgomery can apply the following legal steps to protect yourself:
- Help you seek immediate medical attention
- Handle all your legal communication
- Document records for your case
- Write the report on time
- File a lawsuit
- Represent you in court
- Negotiate on your behalf
By seeking legal counsel, you can increase your chances of obtaining the compensation you deserve.
Common FELA Injuries And Causes
Railroad-related injuries can have numerous different causes, and every case is unique. That said, there are certainly trends in this industry when looking at how accidents happen and the injuries that workers tend to suffer most often. Those who are seeking proper compensation may want to consider how injuries take place and what that means for their claim, so some of the most common issues are as follows:
- Broken bones, such as arm or leg fractures: These often happen in slip-and-fall accidents.
- Neck or spinal cord injuries: These can be substantial and could lead to lifelong paralysis.
- Traumatic brain injuries: Like SCIs, TBIs do not always lead to complete healing. They can change your life and your career forever.
- Burn injuries: These could be thermal burns or chemical burns.
- Disfigurement injuries: These may include third-degree burns but could also include amputations.
- Crush injuries: When a limb or body part is crushed between two objects, the damage can be much more substantial than a normal cut or laceration.
These are certainly not all of the potential injuries a person could suffer working on the railroad, but they do help to underscore how serious these injuries can be and how they can have life-altering consequences for the injured party.
Frequently Asked Questions About FELA In Illinois
To help you better understand your rights and options under the Federal Employers’ Liability Act (FELA), we’ve compiled answers to some of the most common questions we receive below.
What is FELA?
The Federal Employers’ Liability Act (FELA) is a U.S. federal law designed to protect and provide compensation for railroad workers injured on the job. Unlike state workers’ compensation systems, FELA allows injured employees to sue their employers for negligence-related injuries, providing broader protections and potentially higher compensation.
How is FELA different than a state workers’ compensation law?
FELA differs from state workers’ compensation laws in several key ways. While workers’ compensation typically offers quick financial relief for work-related injuries without needing to prove fault, FELA requires the injured worker to demonstrate that the railroad’s negligence at least partially caused the injury. This higher burden of proof can lead to more substantial compensation but necessitates a thorough legal approach.
How much time after an accident do I have to file a FELA claim?
Under FELA, injured railroad workers have up to three years from the date of the accident to file a claim. It’s crucial to act promptly to gather evidence, document injuries and build a strong case. Delaying could jeopardize your ability to secure compensation, as critical evidence may be lost or become less reliable over time.
What if I was partially at fault for the accident?
FELA operates under a comparative negligence standard, meaning you can still recover compensation even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% responsible for your injury, your compensation will be reduced by 30%.
Why do I need a FELA lawyer?
Handling a FELA claim can be complex and challenging. The skilled FELA lawyer from Montgomery Law Firm LLC can significantly increase your chances of obtaining the compensation you deserve. An experienced attorney will help you seek immediate medical attention, handle legal communication, document records, write timely reports, file lawsuits, represent you in court and negotiate on your behalf.
Contact The Firm To Maximize Your Compensation
The FELA attorney at Montgomery Law Firm LLC cares about his clients’ long-term well-being and aims to protect their rights in Illinois. James D. Montgomery Jr. is experienced and has a track record of success. For more information in a consultation, call the Chicago office at 872-285-7065 or reach out online.