Chicago Personal Injury Attorneys on FELA – Federal Employees Liability Act
In the last post, our Chicago personal injury attorneys briefly discussed FELA – the Federal Employees Liability Act. This post will explain FELA in more detail.
We learned that if an injured worker is employed by a railroad, he falls under the Federal Employees Liability Act (FELA) — a law that provides special protection to employees of railroads. If the injured worker can prove that his employer was negligent (that is, provided an unsafe place to work) then he can recover for pain and suffering and disability and can recover full compensation. Such a case is usually worth much more than a Workers Compensation case since Workers Compensation has strict statutory limits. Further, with the FELA, the Plaintiff can have his case decided by a jury, which is always preferable since they have often more in common with an injured Plaintiff. If you are an employee of the railroad and were injured on the job in Illinois, personal injury lawyers will be able to represent your case with expertise.
It is important to note that sometimes a worker is considered “employed” by the railroad even if he has a non-railroad employer. If your Chicago personal injury attorney can demonstrate that the injured Plaintiff was 1) borrowed by the railroad or 2) working for two employers simultaneously, the railroad and his own employer, or 3) the injured Plaintiff’s employer is subservient to the railroad (under the railroad’s control), then you can seek protection under FELA. This can make the difference between a lifetime of benefits compared to the more meager Workers Compensation remedies.
Hence, to sum it up, if a railroad employer was negligent, you are entitled under the FELA to compensation for pain, suffering, disability, disfigurement, future pain and suffering, lost wages and all medical bills, and should seek consultation with an Illinois personal injury lawyer.
Chicago personal injury attorneys familiar with the FELA recommend that if your employer offers you free medical care, take it. Consult with your Illinois personal injury lawyer about seeing your own physician. The employer’s doctor is likely to be biased against you and in favor of your employer, so it is important that you also have your own treating physician.
The FELA has both good and bad points, and a competent Chicago personal injury attorney familiar with the Act can help you achieve the best compensation allowable by law. Remember, if your railroad employer was at fault for your injury in Illinois, personal injury lawyers will ensure you are well compensated under the FELA.
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