FELA Brain Injury Lawyer in Chicago

Fighting for Maximum Compensation for Illinois Railroad Workers with Brain Injuries

The railroad industry in Illinois is one of the most dangerous occupations. Many railroad workers are hurt each year in this state. If you suffer a severe head injury, you could recover compensation via a Federal Employers’ Liability Act (FELA) brain injury claim. However, navigating this complex process can be challenging.

Our specialized law firm, IL Work Injury Lawyer, can guide you through the claims process to increase your chances of a fair FELA settlement. We know what it takes to hold railroad companies and other negligent parties accountable. 

Why Choose IL Work Injury Lawyer

An expert FELA attorney can make all the difference when pursuing legal action against a large corporation. Legal professionals at our firm serve as contributing authors to the National Law Review and are recognized among the top 5% of attorneys by Super Lawyers. 

Our top-rated team has decades of combined experience, including cases that involve FELA railroad accidents. 

Raymond, a 49-year-old carman at Union Pacific’s Proviso Yard, developed severe shoulder and elbow damage from years of repetitive lifting. Despite complaints, the railroad failed to modify tasks or provide ergonomic tools. Medical records and expert testimony linked his injuries directly to unsafe work practices, leading to a pre-trial settlement of $1.9 million. 

What Are the Most Common Causes of Railroad Brain Injuries in Illinois?

FELA requires proof of negligence by the employer or another party to award monetary compensation. This means the cause of your traumatic brain injury will play an important role in your claim’s outcome.

Here are some common causes of railroad employee accidents that lead to brain trauma:

• Falls from rail cars or elevated structures
• Being struck by loose equipment or tools
• Derailments and collisions
• Falling cargo or improperly secured loads
• Lack of protective headgear in required zones

What Are the Most Common Brain Injuries in Railroad Accidents?

Even minor railroad brain injuries can still lead to FELA compensation. Here are some common railroad worker injuries that could lead to a lawsuit:

• Concussions
• Hematomas
• Diffuse axonal injury
• Hypoxic brain injury
• Skull fracture

If you want to prioritize health and support your injury claim, you must seek medical attention immediately after the incident. Often, these injuries have both short-term and long-term complications, so a quick diagnosis is crucial. 

What Damages Can Brain Injury Victims Recover in FELA Claims?

While one reason to file a railroad injury claim is to hold the railroad companies accountable, the other is to secure your financial future. Your family can recover both economic and non-economic wrongful death damages with a successful lawsuit.

Economic Damages

• Medical bills (surgery, emergency care, home care, long-term rehabilitation)
• Future medical expenses
• Lost wages
• Lost future income

Non-Economic Damages

• Emotional distress
• Physical pain and suffering
• Loss of normal life

FELA allows full recovery of damages with no maximum limits if you can prove your losses and establish negligence. 

What Is the Average FELA Brain Injury Payout in Illinois?

It is difficult to claim an average settlement for traumatic brain injury (TBI) cases among injured railroad workers. There are so many factors that affect these amounts, including permanent impairment, lifelong care needs, and diminished work capacities. 

Know that your railroad injury claim will be mostly influenced by the severity of the traumatic injury, the legal damages suffered, the availability of evidence, and the liability of the railroad company. 

Why You Need an Illinois FELA Lawyer

A FELA railroad claim is not the same as a state workers’ compensation case. With workers’ compensation, fault has no relevance. However, to obtain FELA compensation, you must prove that another party was negligent. It can also be overwhelming if your case against a company like CSX Transportation proceeds to the Cook County Circuit Court.

The best workplace injury attorneys in Chicago can help you navigate these obstacles. We will protect your rights and ensure you receive maximum compensation for your injury. 

Where Do Railroad Brain Injuries Occur Most Often in Illinois?

The chance of suffering from blunt-force trauma to the head is increased in certain locations across Illinois. Here are some places where workers should be extra careful when performing their railroad job duties:

• Proviso Yard
• Cicero Yard
• Chicago Union Station
• Joliet rail terminals
• Maintenance-of-way job sites where fall hazards are common

What Is the Time Limit to File a Brain Injury Claim Under the Federal Employers’ Liability Act (FELA)?

Under FELA code 45 U.S.C. § 56, the statute of limitations for FELA claims, injured workers have three years from the date of discovery or incident to pursue a FELA railroad injury claim. Injured railroad workers who do not realize it until well after the accident should know that the three-year timeline begins on the date of discovery. 

Who Is Legally Liable for Railroad Brain Injuries in Illinois?

Several parties may be responsible for your traumatic brain injury:

• Railroad employer under FELA (BNSF Railway, Union Pacific Railroad, Norfolk Southern Railway)
• Third-party contractors responsible for unsafe equipment or work environments (third-party claims)
• Project managers who fail to enforce a safe work environment

Common Defenses in Illinois FELA Traumatic Brain Injury Cases

The defense team will use multiple tactics to undermine your claim or shift blame for the accident onto you. Here are some common defenses you may encounter:

• Claiming no employer negligence
• Arguing injury is due to off-duty incident
• Comparative negligence defense

Our legal team will counter these defenses with surveillance footage, witness statements, incident reports, train inspections, and expert testimony.

How to Strengthen Your FELA Case Following a Brain Injury in Illinois

If you hope to win your FELA railroad claim, building a case starts the moment the injury occurs. Here are the steps you must follow to obtain compensation through this federal law:

• Seek immediate medical care and brain imaging
• Document the incident thoroughly
• Retain all medical records
• Preserve witness statements and photos
• Contact IL Work Injury Lawyer before speaking to railroad claim representatives

How Our Chicago-Based Law Firm Can Help

Our lawyers are well-versed in the complexities of FELA and proving negligence. We will provide crucial legal representation to fight for the compensation you deserve to cover medical treatment costs, lost income, and other damages.

Our legal assistance includes:

• Gathering accident and medical evidence
• Working with neurologists and health experts
• Calculating future care costs and economic losses
• Negotiating with railroad claim agents
• Litigating aggressively when necessary

FAQs

How much does a railroad brain injury lawyer cost?

We work on a contingency fee basis, which means no fees unless we win. 

Can I sue my railroad employer for a brain injury?

You can sue your employer if their negligence caused your injury.

What if my brain injury symptoms developed over time?

If you do not discover the injury until a few weeks after the incident, the three-year deadline begins on the date of discovery, so you still have plenty of time to file. 

Consult an Illinois FELA Railroad Injury Lawyer

IL Work Injury Lawyer is ready to fight for the maximum settlement after your FELA railroad brain injury. Whether you are struggling with lost wages or emotional distress, our team will dedicate itself to holding the at-fault party accountable. With no fees for our services unless we win, you can pursue justice for railroad negligence without accruing additional debts.

Contact a Chicago workplace injury lawyer today to schedule a free case evaluation. We provide legal support for workers across Illinois.