Why Chicago's Railroad Workers Have Different Injury Rights Than Almost Everyone Else

Chicago has been the nation's busiest rail hub for 150 years. Nearly 500 freight trains and 760 passenger and commuter trains pass through the region each day, according to the Association of American Railroads.

The conductors, engineers, carmen, track workers and signal maintainers who keep that traffic moving also play by a different set of injury rules than most Illinois workers.

When most Illinois employees are hurt on the job, they turn to the Illinois Workers' Compensation Act. Railroad workers usually can't. Their claims fall under the Federal Employers' Liability Act, a 1908 law Congress passed when railroading was among the most dangerous jobs in America.

What is FELA, and who does it cover?

FELA covers employees of railroads engaged in interstate commerce. In the Chicago area, that includes workers at freight carriers such as Union Pacific, BNSF, CN, CSX and Norfolk Southern, as well as Amtrak and Metra employees.

Unlike workers' comp, FELA is not a no-fault system. An injured railroader generally must show the railroad was negligent and that its negligence played a part in causing the injury.

What are the 5 key differences between FELA and workers' comp?

1. Railroad workers usually aren't covered by workers' comp

Workers' compensation is a state system. Because FELA is a federal law aimed at interstate railroad work, it generally takes the place of state workers' comp for railroad employees.

Not everyone on railroad property is covered by FELA. Outside contractors and employees of non-railroad companies may still fall under Illinois Workers Compensation guidlines. Figuring out which system applies is often the first question in a railroad injury case.

2. FELA is fault-based

Workers' comp pays benefits regardless of who caused the accident. Under FELA, the worker must show the railroad failed to provide a reasonably safe workplace.

That can include defective equipment, poor track or yard conditions, inadequate training, understaffed crews or unsafe work practices. The U.S. Supreme Court has held that the railroad can be liable if its negligence played any part, even the slightest, in producing the injury.

3. Damages can go beyond wage loss

Illinois workers' comp covers medical bills, a portion of lost wages and set disability benefits. It does not pay for pain and suffering.

A FELA claim can seek full past and future lost wages, loss of earning capacity, medical expenses, and compensation for pain, suffering and emotional distress. FELA does not cap those damages.

4. Your own share of fault can reduce, not erase, a claim

FELA uses comparative negligence. If a jury finds a worker 25% responsible for an injury, the award is reduced by 25%. The claim does not disappear.

There is an important exception. If the railroad violated a federal safety law that contributed to the injury, such as the Safety Appliance Act or the Locomotive Inspection Act, the worker's share of fault cannot reduce the award at all. Congress also took away the railroad's ability to argue that a worker "assumed the risk" of a dangerous job.

5. Deadlines and reporting matter

FELA claims are subject to a strict federal filing deadline, and missing it can end a claim before it starts.

Railroads typically require prompt injury reports and often send claim agents to take recorded statements soon after an incident. Injured workers should report the injury, get medical care and think carefully before signing statements or forms.

The Federal Railroad Safety Act bars railroads from retaliating against employees who report a work injury or follow a doctor's treatment plan.

Why does it matter who handles a railroad injury claim?

FELA cases are built on evidence of fault, which means the details matter early. Inspection records, maintenance logs, crew assignments, event recorder data and witness accounts can shape the outcome of a claim.

Railroads investigate quickly. Injured workers benefit from having someone on their side who understands federal railroad law as well as the railroad's own claims process.

How can Parente & Norem help injured railroad workers?

The Law Offices of Parente & Norem, P.C., has represented injured workers across the Chicago area for nearly thirty years. Our attorneys help railroad workers understand whether FELA applies, preserve evidence, deal with railroad claim agents and pursue the full compensation the law allows.

If you were hurt working for a freight railroad, Amtrak or Metra, call Parente & Norem at (312) 641-5926 for a free consultation. There is no fee unless we recover compensation for you.