Experienced Attorneys
Committed to Protecting the
Rights of Injured Workers
Committed to Protecting the
Rights of Injured Workers
Chicago FELA Lawyer
Maximum Compensation for Injured Railroad Workers in Illinois
A Chicago FELA lawyer from our team fights hard for injured railroad workers, ensuring they receive fair compensation for a railroad company’s negligence and unsafe working conditions. We have successfully litigated cases against Class 1 and regional railroads throughout Cook County, including Metra, BNSF, Union Pacific, and Norfolk Southern. Contact us for a free consultation about your legal rights as a Chicago railroad worker injured on the job.
FELA Settlements Recovered by Our Chicago Law Firm
- $7,200,000: Joe, a railroad worker, was struck and killed by a truck driver, and this wrongful death settlement was realized for his family.
- $2,800,000: Tyler, a 56-year-old man, suffered career-ending injuries when a coworker dropped a shipping container on his foot.
- $1,500,000: Al, a train operator, fell from the platform and injured his shoulder, leading to a settlement for surgery and rehabilitation.
These results illustrate the compensation that may be recovered in serious railroad injury cases. Past results do not guarantee a specific settlement or verdict in your case.
Why We Are the Best Railroad Injury Attorneys for Your Case
We are the best personal injury law firm serving Cook County and the surrounding areas. Our top-rated Chicago railroad injury lawyers are members of the Illinois Trial Lawyers Association and regularly contribute to The National Law Review, demonstrating our commitment to ongoing education. With a 10/10 AVVO rating and an A+ rating with the Better Business Bureau, we have successfully recovered compensation for over 5,000 clients across the past 25 years.
Our experience handling complex FELA claims allows us to investigate railroad negligence, identify safety violations, evaluate damages, and pursue compensation for injured railroad workers.
What Is the Federal Employers Liability Act (FELA)?
A Federal Employers’ Liability Act (FELA) claim takes advantage of federal statutes, which allow railroad workers injured in the course of their duties to pursue a personal injury lawsuit against their employer (45 U.S.C. § 51-60). Unlike a traditional workers’ compensation claim, a FELA lawsuit generally requires evidence that the railroad’s negligence played a part in causing the injury. The railroad must be engaged in interstate commerce, and independent contractors cannot make a FELA claim.
Examples of Chicago railroad workers who may be eligible to make claims include:
- Conductors and engineers, such as on Metra or freight trains
- Switching crews at Union Pacific and BNSF yards
- Maintenance workers repairing the track for Amtrak or Norfolk Southern
- Electricians, engineers, and signal workers
- Other railroad employees whose work falls within FELA’s coverage
According to Villanova University, injured railroad employees can make a FELA claim even if they were partly responsible, as long as it can be proven that the railroad negligence contributed to the accident.
What Is the Difference Between FELA and Workers’ Compensation?
The Federal Employers’ Liability Act (FELA) differs from workers’ compensation because it only covers injured railroad workers.
Additionally, workers’ compensation is a no-fault system. This means that workers can recover compensation as long as they were injured on the job, even if they were at fault. FELA claims, by contrast, require proof that railroad negligence contributed to the injury. However, an injured worker’s own negligence does not automatically bar recovery. Instead, damages may be reduced in proportion to the worker’s share of negligence under federal law.
Types of FELA Accidents We Handle
We can assist with a variety of railroad worker accidents and FELA claims, including:
- Track-related accidents, like slips and falls, crush injuries, and runovers
- Slips and falls from platforms, railcars, and ladders
- Electrocution while repairing wiring or signals
- Train collisions and derailments
- Chemical exposure and explosions
- Injuries from defective equipment
- Rail yard accidents involving moving trains, railcars, or equipment
What Are the Most Common Causes of Railroad Injuries in Illinois?
In many cases, Chicago railroad accidents are due to railroad negligence, meaning that employees or companies failed to take proper precautions. These causes include:
- Failing to follow safety regulations
- Inadequate track maintenance
- Unprotected railroad crossings
- Exposed moving parts or machinery
- Wet or uneven walking surfaces, like catwalks
- Poor lighting and inadequate security
- Broken or defective equipment
- Inadequate training, unsafe work practices, or failure to maintain a reasonably safe workplace
What Are the Most Common Injuries Associated with FELA Cases?
Railroad worker injuries are often very severe due to the size and weight of these machines. Common injuries include:
- Traumatic brain injuries
- Broken bones and fractures
- Spinal cord injuries
- Crush injuries and amputations
- Chemical exposure, including burns
- Shoulder and knee injuries
- Repetitive stress injuries
- Sprains and strains
- Cumulative trauma injuries and occupational illnesses
What Damages Can FELA Victims Recover in Chicago?
Injured workers can receive similar damages to a tort lawsuit through a FELA claim. These include:
- Medical bills
- Future medical expenses
- Lost wages
- Future lost income
- Funeral and burial expenses for fatal train accidents
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement
- Reduced earning capacity and compensation for permanent impairment
What Is the Average FELA Settlement in Illinois?
The average FELA settlement in Illinois is worth $1,684,781. Your settlement will be determined based on numerous factors, including:
- Whether you suffered serious injuries
- Type of injury and long-term outcome
- Amount of expenses
- Who was primarily liable
- Amount of insurance available
- Strength of the evidence showing railroad negligence and the impact of your injuries on your ability to work
Settlement figures should not be treated as a guarantee of what any individual railroad worker may recover.
Example FELA Case in Illinois
A Cook County railroad worker who suffered serious injuries to his groin and back was awarded $9,000,000.00 after a jury found that Union Pacific failed to provide a safe working environment. The man had slipped and fallen on a patch of diesel fuel, leading to herniated discs and an inguinal hernia. He required surgery and physical therapy to recover his range of motion.
Why You Need a Chicago Railroad Accident Lawyer
A Chicago FELA lawyer can help investigate railroad negligence, identify responsible parties, and determine whether safety violations or hazardous working conditions contributed to your injury. Railroad worker injuries can be very severe, making it difficult to evaluate a case without professional expertise.
Additionally, companies often try to prevent a complete investigation or insist that the injured worker was to blame for the incident, thereby avoiding liability. Strict filing deadlines can make it challenging for railroad employees to bring a compelling argument, especially without strong investigative skills.
Our top-rated legal experts can prove negligence and fight for a fair settlement on behalf of Chicago railroad workers, giving them the best possible chance at compensation. We will take your train accident case to the US District Court for the Northern District of Illinois, when federal court is the appropriate venue.
How Common Are Railroad Work Injuries in Chicago?
Since 2020, at least 11 serious railroad-related workplace accidents have been reported in the Chicago region, according to OSHA records. Of those, 9 tragically resulted in railroad worker fatalities.
Per FELA injury statistics,, the majority of deaths occurred when workers were struck by moving trains or railcars, often during switching operations, loading tasks, or while walking in active rail yards. Crushing incidents were also common.
Nonfatal cases included amputations and pelvic fractures, often resulting from inadequate clearance or improper equipment operation. Many suffered catastrophic injuries while caught between tank cars or containers.
Where Do Railroad Worker Accidents Occur Most Often in Illinois?
Cook County, specifically Chicago, has the highest percentage of railroad accidents in Illinois. Between 2004 and 2012, there were 338 railroad fatalities in the metropolitan Chicago area, showing the serious risk of these accidents.
Common areas where railroad workers may be injured or even killed include the following:
- Railroad Crossings: Unsecured crossings may lead to collisions with automobiles.
- Rail Yards: Most derailments happen in rail yards rather than on mainline tracks, putting railroad workers at serious risk.
- Machine Shops: Defective equipment, explosions, and unsafe operation all lead to railroad worker injuries.
- On and In Rail Cars: Railroad workers may fall from a car, which can be several stories high, or they may become trapped between two cars.
- Mainline Tracks: Injured workers may have been fixing broken track, adjusting signals, or stepping from a platform.
What Other Laws Govern FELA Claims in Illinois?
The Federal Railroad Administration has additional regulations that may be used as arguments to recover compensation, particularly the Rail Safety Improvement Act of 2008 (Public Law 110–432).
One key element of this is fatigue management rules set in 2022, mandating that companies implement adequate rest times and avoid overscheduling employees. If fatigue contributed to railroad worker injuries, then the employee may have a viable FELA claim.
The US Supreme Court has determined that workers can make claims for negligent infliction of emotional distress (NIED) under FELA, but only if they were placed in physical danger (Consolidated Rail Corporation v. Gottshall). This increases the potential non-economic damages you can claim.
How Long Do Chicago Railroad Workers Have to File a FELA Lawsuit in Illinois?
You generally have three years from the date the FELA cause of action accrued to file a FELA claim (45 U.S.C. § 56). This deadline can be especially important in cases involving cumulative trauma or occupational illnesses, where determining when the claim accrued may require careful legal analysis. Contact us as soon as possible so that we can begin developing your case before the FELA statute of limitations expires.
Who Is Legally Liable for Railroad Injuries?
Our attorneys will recover compensation for lost wages and medical expenses from any liable party, which can include the following.
- Railroad Company: Companies owe a duty of care to their employees, ensuring that they provide a safe working environment. If they failed to do so, they may be liable.
- Other Railroad Workers: In some cases, workers are injured because of a coworker’s negligence. We can hold other employees responsible.
- Third Parties: Independent contractors, third-party vendors, trespassers,
- Manufacturers: If defective track, equipment, or tools were to blame for your accident, we can investigate potential product liability claims and other available legal remedies.
Common Defenses in FELA Cases
Our top-rated attorneys will skillfully counter these common defenses that companies and individuals use to avoid accountability.
- Contributory Negligence: Your own negligence does not automatically prevent recovery under FELA. Instead, your damages may be reduced in proportion to the negligence attributable to you. We will use evidence to prove the company’s negligence.
- Assumption of Risk: The railroad may claim that the injured worker knew the risks of the job, but we will show that you were exposed to dangers beyond the job description.
- Injury Cause or Severity: In some cases, insurance companies will argue that your injuries were from a preexisting condition or were not as severe as you claim. We will use medical records to prove both the extent and the cause of your injuries.
- Hazard Knowledge: Defendants may claim they were not aware of defective equipment or hazardous conditions. Our attorneys will review maintenance records and other documents to demonstrate that this was a well-known or foreseeable issue.
How to Strengthen Your FELA Case in Illinois
Your actions after the accident can significantly impact whether you can secure compensation. Follow these steps as soon as possible.
- Seek Immediate Medical Attention: Go to the closest hospital, such as Loyola University Medical Center, for immediate care.
- Report to Your Supervisor: Report the accident in writing as soon as possible.
- Document the Accident: Take photos and videos of the accident scene, and gather contact information for anyone who was at the scene.
- Gather Evidence: Keep copies of your medical records, expenses, and time off work.
- Do Not Speak to Insurance: Anything you say can be used against you. Never speak to third parties without a lawyer present.
- Contact Our Train Accident Attorneys: Call us as soon as possible for a free legal review.
How a Chicago FELA Attorney Can Help
Our lawyers will guide you through every element of your case, from initial consultation to trial representation.
- Consultation: When you contact us, we’ll identify whether you have a valid case under FELA and who may be liable.
- Evaluating Damages: We will use medical records, medical expenses, lost wages, and loss of earning potential to craft a demand letter.
- Case Management: Our attorneys will file with the correct court, whether that is the US District Court for Northern Illinois or the Circuit Court of Cook County.
- Complete Investigation: To prove negligence, we must have a thorough understanding of how the railroad accident occurred. We will gather evidence like photos, surveillance footage, medical records, witness statements from other Chicago railroad employees, and expert testimony.
- Expert Witnesses and Depositions: We have access to a variety of railroad professionals who can provide additional context about how the accident occurred. We will also take depositions from fellow employees, which can be used as evidence in court.
- Negotiation: We’ll negotiate with the railroad and its insurers for compensation supported by the evidence and the full extent of your damages.
- Trial Representation: Many injured railroad workers are able to receive full and fair compensation through insurance negotiations. However, it’s sometimes necessary to go to trial. If a jury finds the railroad negligent, any damages may be reduced according to the worker’s share of negligence under FELA.
FELA FAQs
How much does a FELA attorney cost?
Our train accident attorneys work on a contingency fee basis, meaning you owe us nothing unless we recover compensation.
Who can file a FELA claim in Illinois?
FELA is reserved for injured railroad workers whose company is engaged in interstate commerce. This includes eligible freight and commuter railroad employees whose work falls within FELA’s coverage.
Do I have to file in federal court?
No, you do not automatically have to make a FELA claim in federal court. FELA provides concurrent jurisdiction in state and federal courts, so an eligible railroad worker may have a choice of forum depending on the circumstances. We will determine the proper jurisdiction for your case and file with the correct court.
How long do I have to file a FELA claim after a railroad injury?
Generally, an injured railroad worker has three years from when the FELA cause of action accrues to file a lawsuit. The deadline can vary in cases involving cumulative trauma or occupational conditions, so contacting an attorney promptly can help protect your rights.
What evidence is needed to prove railroad negligence in a FELA case?
Evidence may include accident reports, photographs, medical records, witness statements, safety records, maintenance documents, training records, and surveillance footage. An attorney can also consult railroad safety experts and review workplace conditions to determine whether negligence contributed to the worker’s injury.
Book a Free Consultation with a Chicago FELA Attorney Near You!
Our award-winning workplace injury attorneys in Chicago fight hard for railroad workers injured due to someone else’s negligence. We work on a contingency fee basis, meaning you owe us nothing unless we secure compensation for you. Contact a Chicago FELA lawyer to discuss your railroad injury, potential FELA claim, and legal options during a free consultation.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.