Recently a train conductor was awarded $1.6 million for back and shoulder injuries after he hurt while on the way to work in a company van. He was a passenger in the vehicle which was struck by a car.
While he did get the $100,000.00 insurance policy from the other driver, the $1.6 million was awarded to him after a jury trial against his employer.
If almost any other Illinois worker had this happen to them, there wouldn’t have been a jury trial because under IL law you can’t sue your employer for negligence.
But railroad workers, like this conductor, fall under Federal law via the Federal Employers Liability Act or FELA. It’s not necessarily great for them though, as most injuries are not covered, and they need to show some fault was involved.
In cases like this, however, FELA law is fantastic. It allows these rail workers to sue for the full extent of their injuries. While this case was big, I have seen others go for a lot more money.
Unlike regular work comp cases, there are very few law firms with a real track record of success in filing and winning these claims. Getting the right firm can be the difference of millions of dollars potentially.
Our firm doesn’t handle these cases. So why I am I writing about it. Two reasons:
- We want all workers injured on the job to be educated of their rights. If you are a railroad worker and pursue a regular work comp claim, you will waste your time and potentially lose rights under FELA.
- We work with the firm that handled this case on a regular basis. So why this is not the type of case we can personally take, we’d be happy to refer you to what we think is the best FELA injury law firm in Illinois. They cover the entire state and in some cases go out of state.
Bottom line is that while FELA is unique, it’s like regular work comp in that to succeed you need an attorney in your corner with a real track record of success in winning these cases. If you would like our help in getting connected with a great firm who will review your case, for free, please contact us at any time.
