FELA Repetitive Stress Injury Claims

Chicago-Based Attorneys Helping Illinois Railroad Workers Recover for Repetitive Stress Injuries Under FELA

The Federal Employers’ Liability Act (FELA) allows injured workers in the railroad industry to seek compensation for injuries on the job. One of the most common injuries in these positions is a repetitive stress injury. If you have suffered from a FELA repetitive stress injury, you may need legal assistance to obtain fair benefits. 

IL Work Injury Lawyer can help Illinois railroad workers earn compensation for lost income, medical expenses, and other legal damages. Our firm has extensive experience in FELA claims and will ensure your legal rights are protected. 

Repetitive Stress Injury FELA Claims Recovered by Our Law Firm

Legal experience is essential when navigating the Federal Employers’ Liability Act and injury lawsuits. Our FELA law firm in Chicago has secured numerous settlements under this act:

• $7.2 million – Carlos, a 42-year-old railyard technician at the BNSF Cicero Yard, was walking between tracks when a third-party truck entered the yard against protocol and struck him. He died at the scene. The settlement reflected the egregious safety violations, the loss to his family, and video evidence that captured the incident.
• $1.9 million – Derek, a longtime Union Pacific carman based out of the Proviso Yard, developed chronic shoulder and elbow conditions after years of heavy lifting. After filing under the Federal Employers Liability Act (FELA), evidence showed the railroad failed to rotate tasks or provide ergonomic accommodations. His condition required multiple surgeries and left him unable to continue physical labor.
• $840,000 – James, a rail switch operator in the Norfolk Southern terminal on the South Side, had his foot crushed when a mobile crane operator miscommunicated a move. Despite steel-toe boots, the damage required multiple surgeries and led to permanent nerve damage. Lack of radio protocol and poor training of the crane operator significantly contributed to the outcome.

Which Railroad Jobs Lead to Repetitive Stress Injuries?

Repetitive stress injuries can result in chronic pain, reduced mobility, and lifelong symptoms. Some positions in the railroad industry are more prone to these types of injuries than others, such as:

• Track maintenance crews
• Signal repair workers
• Locomotive engineers
• Yard workers handling repetitive coupling/uncoupling

What Injuries Are Associated with Cumulative Trauma in Railroad Work?

Repetitive motion injuries in a railroad employee can have numerous causes. This cumulative trauma can affect the individual’s long-term career prospects, as well as their short-term health.

Here are some of the most common injuries among railroad workers:

• Carpal tunnel syndrome – Numbness, tingling, or pain in the hand or wrist caused by damage to the median nerve
• Tendonitis – Inflammation of tendons that connect muscles and bones
• Bursitis – Inflammation of fluid-filled sacs that cushion muscles, tendons, and bones near joints
• Degenerative joint damage – Protective cartilage in a joint has worn down over time
• Stress fractures – A crack in the bone caused by repetitive force or overuse

These injuries are usually the result of repetitive tasks, heavy vibrations, heavy lifting, and poor ergonomics. 

How Long Do I Have to File a FELA Claim in Illinois? 

Under 45 U.S.C. §§ 56, the FELA statute of limitations, you have three years from the date of discovering the injury to seek damages for your injuries. Even if you file a claim later in that window, your ability to produce evidence may be diminished.

What Is the Average FELA Repetitive Strain Injury Claim?

Factors that will influence your settlement value include the severity of your injuries, evidence of liability, insurance policies, and legal damages. The average payout for railroad workers is $463,166. Settlements range from $103,760 to $1.78 million. 

Example Cases

Starting in 1970, Edward has worked as a trackman, fireman, conductor, and brakeman for a railroad company. He was required to throw switches, mount and dismount cars, and walk as many as five miles each day. In 2008, he underwent surgery to treat osteoarthritis in both knees. Edward sued his employer for repetitive stress injuries caused by improper practices, focused especially on ballasts that were not based on industry standards. He received $1.78 million for economic and non-economic damages. 

John Doe, a 50-year-old man, was a long-term employee at a railroad company. He served as a track inspector who often had to take on tasks that would normally require additional employees, such as using a heavy bolt-tightening machine. Doe sued the employer for a failure to provide adequate manpower, which resulted in lumbar instability and permanent lifting restrictions for the plaintiff. Doe was awarded $135,000. 

What Damages Can Injured Railroad Workers Recover?

When railroad workers sue their employers, they can recover compensation for legal damages. The primary categories of legal damages are economic and non-economic.

Economic Damages

• Medical attention expenses
• Future medical treatment
• Lost wages
• Lost earning capacity

Non-Economic Damages

• Emotional distress
• Pain and suffering
• Disability and disfigurement
• Loss of normal life
• Loss of enjoyment of life

How Our Illinois FELA Injury Lawyers Can Help

IL Work Injury Lawyer can make all the difference in securing a positive outcome from your claim. Our firm specializes in workplace injuries, including those that fall under FELA for railroad workers. Whether you have suffered from Carpal Tunnel Syndrome, stress fractures, hearing loss, or reduced mobility, we can ensure your finances are secure with a fair FELA settlement.

Our legal services include:

• Investigating unsafe work practices, such as poor protocols for moving equipment
• Gathering medical records and doctor testimony to prove your pain and suffering
• Consulting occupational health experts
• Negotiating for fair settlements wiht powerful corporations and insurance companies
• Taking severe cases to trial if necessary

FAQs

What evidence do I need for a FELA repetitive stress injury case?

Types of evidence that can support your claim include accident scene photos, witness statements, medical records, complaint reports, inspection reports, maintenance logs, incident reports, and industry expert testimony. 

Can I recover damages if my employer claims the injury was pre-existing?

This federal law allows hurt victims to seek fair payment if the employer’s negligence contributed to the aggravation of a pre-existing injury. 

What if I was partially at fault for the injuries?

Unlike workers’ compensation, which typically adopts a no-fault system, FELA claims allow for comparative negligence. This means if you are partially at fault for the accident, your potential damages could be reduced by a similar proportion. 

How do FELA claims differ from workers’ compensation?

If you want your FELA case to succeed, you must prove that the employer was negligent in maintaining a safe work environment. Under workers’ compensation, the fault of the employee is irrelevant unless they were violating specific company practices or under the influence. 

Secure Expert Legal Counsel

IL Work Injury Lawyer can protect employees who are facing Carpal Tunnel Syndrome or other forms of cumulative trauma from their job duties. Our firm has the experience needed to hold employers accountable for negligence. Whether you were injured while moving heavy equipment or from repetitive stress from your daily tasks, we will develop a strong case by gathering evidence. 

Our Chicago-based workplace injury law firm can represent rail employees statewide. If you want to file your claim quickly to avoid running into the statute of limitations, contact us today to schedule a free consultation.