Railroad injury questions, answered by practice area

The Federal Employers Liability Act covers railroad workers instead of state workers compensation. A FELA claim can recover full damages, including pain and suffering and full lost wages, when the railroad’s negligence played any part in your injury.

You may. Railroads that carry passengers, including Amtrak and commuter lines, owe them the highest degree of care. If a derailment, a collision, a sudden stop or an unsafe platform caused your injury, the railroad may owe your medical bills, lost income and pain and suffering. A free evaluation tells you where you stand.

No. FELA is federal law, and we represent injured railroaders and their families across the country, wherever the railroad put you to work.

Generally three years from the date of injury, or from when you knew an illness was connected to your work. Evidence disappears much faster than that, so talking to a lawyer early protects your claim.

Talk to a lawyer before you give a recorded statement or sign anything. The claim agent works for the railroad, and what you say in the first days can shape your entire claim.

No. The Federal Railroad Safety Act prohibits railroads from retaliating against workers who report an injury or a safety concern, or who follow their doctor’s orders. If it happens anyway, you may have a separate claim.

Nothing. Your case evaluation is free and confidential, and injury cases are handled on a contingency fee. No win, no fee, so you pay nothing unless we recover for you.

Yes. Your own negligence does not bar a FELA claim. The jury reduces your damages by your share of the fault, and if the railroad violated a federal safety statute that contributed to the injury, your damages are not reduced at all.

No. You can treat with a doctor you choose. The Federal Railroad Safety Act bars the railroad from denying, delaying or interfering with your medical treatment, or disciplining you for following your treating doctor’s orders.

Report the injury as the railroad’s rules require, but talk to a lawyer before you give a recorded statement to a claim agent. The claim agent works for the railroad, and the statement can be used to shift the blame to you.

A claim becomes a lawsuit when it is filed in court. Many FELA claims settle, before or after filing. Filing within three years protects your right to a jury, and whether to settle or go to trial is your decision.

Nothing up front. The firm handles FELA claims on a contingency fee, no fee unless we win.

Generally, no. Employees of railroads in interstate commerce are covered by FELA instead of state workers’ compensation. A worker employed by a railroad contractor is usually covered by the contractor’s workers’ comp and may also have a claim against the railroad.

Usually. FELA requires proof that the railroad’s negligence played a part, but it pays full damages, including pain and suffering and all lost earnings, which workers’ comp does not.

Not by FELA itself. Most injured railroaders receive Railroad Retirement Board sickness benefits and any supplemental benefits their union agreement provides. The Railroad Retirement Board is generally repaid its sickness benefits from the settlement or verdict.

You can still recover. Your damages are reduced by your share of the fault, and not at all if the railroad violated a safety statute that contributed to your injury.

Nothing up front. The firm handles FELA claims on a contingency fee, no fee unless we win.

Yes. The railroad will raise it, and under FELA a worker’s own conduct can reduce damages in proportion to fault. It does not bar the claim when the railroad’s negligence also played a part.

The railroad or railroads whose negligence exposed you. Your full work history matters, which is why the first step is mapping every craft, terminal and year.

No. Railroad workers are covered by FELA, which requires proof of the railroad’s negligence and pays full damages, including pain and suffering.

It depends on the diagnosis, treatment, lost earnings, age and the strength of the exposure evidence. There is no formula. See how much is my FELA case worth in our articles, and talk to a lawyer about your own facts.

Nothing up front. The firm handles railroad cancer claims on a contingency fee, no fee unless we win.

No. OSHA accepts complaints directly, in writing or orally. A lawyer helps you name every protected activity and every retaliatory act, preserve the evidence, and meet the deadline, which is hard to fix later.

The FRSA says it does not diminish your rights under a collective bargaining agreement, and FRSA rights cannot be waived by any agreement, policy or form. Talk to a lawyer about the timing of both before you rely on the grievance alone.

You can be. The FRSA applies to railroad carriers and to their contractors and subcontractors.

Yes. FELA covers the injury and the FRSA covers retaliation, so a worker who was hurt and then disciplined for reporting it may have both.

Yes. Amtrak can be held responsible for passenger injuries caused by its negligence, the same as other carriers. A railroad that owns the track Amtrak was using may share the blame.

Yes, but quickly. An injury suit against the Chicago Transit Authority must be filed within one year from when the cause of action accrued.

It depends on the ice. Illinois generally does not hold a carrier liable for a fall on a natural accumulation of snow or ice, but an unnatural accumulation, or a defect in the platform, can support a claim.

No. Our office is in Chicago and we represent passengers throughout Illinois, and passengers and crews on Amtrak and other railroads across the country.

Nothing up front. The firm handles passenger injury claims on a contingency fee, no fee unless we win.

Nothing up front. Hoey, Farina & McMahon works on a contingency fee, so we collect a fee only after we obtain a settlement or verdict for your family. No fee unless we win.

There is no reliable average, because every case turns on its own facts, such as the person’s age, earnings and family, the evidence of fault, and the insurance available. The Wrongful Death Act sets no dollar cap on the family’s damages for its losses.

The surviving spouse and next of kin. The court divides the wrongful death recovery among them according to how dependent each was on the person who died. A survival claim recovery goes to the estate.

Yes, but the rules are stricter. Claims against a city, county or other local entity generally must be filed within 1 year under the Tort Immunity Act, and claims against the CTA within 1 year under its own statute.

Yes. The civil case is separate from the criminal case. When the death results from violent intentional conduct, the family may have up to 5 years to sue the person responsible, or 1 year after certain criminal cases end.

Nothing up front. Hoey, Farina & McMahon works on a contingency fee and collects a fee only after we obtain a settlement or verdict for you. No fee unless we win.

Not before you talk to a lawyer. The adjuster works to reduce what the trucking company pays. You generally do not have to give the other side a recorded statement or sign their medical authorizations, and doing so can hurt your claim.

It depends on your injuries, your lost income, the evidence of fault and the insurance available. Federal minimums mean most interstate carriers have far more coverage than a car owner. Our guide to truck accident settlements in Illinois explains the factors.

Yes, if you were 50% or less at fault. Illinois reduces your damages by your share of the fault and bars recovery only above 50%.

Most cases settle, but we prepare every case as if it will be tried. Insurers pay closer attention to a claim when they know the lawyers on the other side try cases.

Not for every fender bender. For a serious injury, a disputed fault question, an uninsured driver or a low offer, a lawyer usually makes a difference. Our article on whether you need a car accident attorney in Illinois walks through the factors.

Nothing up front. Hoey, Farina & McMahon works on a contingency fee and collects a fee only after we obtain a settlement or verdict for you.

You can still recover if you were 50% or less at fault. Illinois reduces your damages by your share and bars recovery only above 50%.

Not before you know the full extent of your injuries and your future care. Once you sign a release, the claim is usually over, even if your injuries turn out to be worse.

It depends on the injuries, the treatment and whether fault is disputed. Many claims settle after treatment ends; a case that goes to suit can take a year or more.

Generally no. Workers’ compensation is usually the only remedy against your own employer in Illinois. You can often sue the general contractor, other subcontractors, the property owner or an equipment manufacturer whose negligence caused the injury.

Yes, in many cases. The workers’ compensation claim goes against your employer and the lawsuit goes against third parties. The employer is generally repaid from the lawsuit recovery, minus its share of the fees and costs.

You may. Bystanders, pedestrians and drivers hurt by construction work are not limited by workers’ compensation, and can bring a negligence claim against the contractors and owners responsible.

Get medical care, report the accident to your supervisor in writing, photograph the scene and the equipment, and get witness names. Do not sign statements for an insurer before you talk to a lawyer.

Nothing up front. Hoey, Farina & McMahon works on a contingency fee and collects a fee only after we obtain a settlement or verdict for you.

A claim against a property owner or occupier whose failure to keep the property reasonably safe caused an injury. In Illinois the owner owes lawful visitors reasonable care under the circumstances.

For a minor fall, often not. For a serious injury, a fall on public property with a 1-year deadline, or an owner who denies knowing about the hazard, a lawyer can preserve the evidence and meet the deadline.

Yes, if you were 50% or less at fault. Your damages are reduced by your share of the fault.

The hotel owes guests reasonable care for the condition of the property, and Illinois treats the innkeeper and guest relationship as one that can require reasonable protection against foreseeable criminal attacks.

Nothing up front. Hoey, Farina & McMahon works on a contingency fee and collects a fee only after we obtain a settlement or verdict for you.

Nothing up front. Hoey, Farina & McMahon works on a contingency fee and collects a fee only after we obtain a settlement or verdict for you. No fee unless we win.

Generally 2 years from when you knew or should have known of the injury, and never more than 4 years after the care. For a child, up to 8 years, but never after the child’s 22nd birthday.

A bad outcome alone is not enough. A lawyer reviews your records with a qualified health professional to decide whether the care fell below the standard and whether that caused your injury. Illinois requires that review before a case is filed.

No. The Illinois Supreme Court struck down the cap on non-economic damages in 2010. Punitive damages are not available in medical malpractice cases.

Yes. The family can bring a wrongful death claim and a survival claim, generally within 2 years of when they knew or should have known of the death, and no more than 4 years after the care.