Get a Free Consultation with a Personal Injury Lawyer

Review by T.V.

"I highly recommend BB&G ... I would give 10 stars if I could!"

Review by G.V.

"I am so very pleased with the representation from BB&G!"

Review by M.S.

"The attorneys at BBG were exceptional. The outcome was better than we hoped."

Review by R.G.

"From the moment I contacted this firm I was treated like family."

Review by A.H.

"We couldn't be happier with the outcome or the excellent service."

Review by V.A.

"We felt very secure and confident with their representation."

Review by J.P.

"Briskman Briskman & Greenberg is a legal force to be reckoned with."

Review by T.Z.

"I'm happy with how they handled my case and recommend giving them a call!"

Review by K.N.

"Very easy process with the help of these amazing people. Very happy outcome!"

FREE CONSULTATION

GET A FREE CONSULTATION

Our Lawyers

Chicago Railroad Worker Injury Lawyers

Railroad workers in Chicago hold one of the most physically demanding and dangerous jobs in the country. Whether you work the yards at Clearing Industrial District on the city’s southwest side, maintain track along the Union Pacific or BNSF lines running through the western suburbs, or operate equipment near the major rail hubs that make Chicago the nation’s busiest rail gateway, the risks are real and the injuries can be severe. When something goes wrong on the job, knowing exactly which law protects you, and how it works, can make the difference between full compensation and walking away with far less than you deserve. Briskman Briskman & Greenberg is a Chicago personal injury lawyer firm that has fought for injured workers across Illinois for decades, and we are ready to help you understand your rights.

Why Railroad Workers in Chicago Are Not Covered by Illinois Workers’ Compensation
Common Injuries Chicago Railroad Workers Face Under FELA
How FELA’s Negligence Standard Works and Why It Favors Injured Railroad Workers
Who Qualifies for FELA Coverage and Where Claims Can Be Filed
The FELA Filing Deadline and Steps to Protect Your Claim in Illinois
FAQs About Chicago Railroad Worker Injury Lawyers

Why Railroad Workers in Chicago Are Not Covered by Illinois Workers’ Compensation

Most workers hurt on the job in Illinois file a claim under the Illinois Workers’ Compensation Act, 820 ILCS 305. That law covers the vast majority of employees in the state. But railroad workers are a clear exception. Under 820 ILCS 305/1, employees are excluded from the Illinois Workers’ Compensation Act when they are covered by federal laws that are considered exclusive remedies for their injuries. For railroad workers employed by interstate carriers, that federal law is the Federal Employers’ Liability Act, commonly known as FELA.

FELA, codified at 45 U.S.C. § 51 through § 60, was enacted by Congress in 1908 specifically to address the dangers of railroad work. The statute makes every common carrier by railroad engaged in interstate commerce liable for injuries to its employees that result, in whole or in part, from the negligence of the carrier’s officers, agents, or employees, or from any defect or insufficiency due to the carrier’s negligence in its cars, engines, appliances, machinery, track, roadbed, or other equipment.

This distinction matters enormously in practice. Under Illinois workers’ compensation, you do not need to prove fault. You simply show the injury arose out of and in the course of employment. Under FELA, you must prove negligence. However, FELA removes the cap on damages that limits workers’ compensation recoveries. There is no preset schedule of benefits. A successful FELA claim can include full past and future medical expenses, complete lost wages, pain and suffering, loss of enjoyment of life, and future earning capacity, none of which are available under a standard workers’ compensation claim.

Chicago is home to major rail operators including Metra, Amtrak, Union Pacific, BNSF, and Norfolk Southern, all of which run operations through or near the city’s rail corridors. Workers employed by these carriers who are injured on the job must pursue their claims under FELA, not Illinois workers’ compensation. Understanding this distinction from the start protects your right to the full compensation the law allows.

Common Injuries Chicago Railroad Workers Face Under FELA

Railroad work produces some of the most serious injuries seen in any American industry. Railroad employee injury rates are approximately 2.5 times higher than the average for all private industries, and fatal injury rates in rail transportation exceed the all-industry average by more than 300%. These are not minor incidents. The injuries that railroad workers in Chicago suffer regularly change lives.

Circumstances causing catastrophic injuries include being hit by or trapped between railcars during switching and spotting operations, collisions and derailments, and getting struck by trains during repair or inspection work. These accidents can cause traumatic brain injuries, spinal cord damage leading to paralysis, amputations, severe burns, and crush injuries that result in permanent disability.

Falls are another major hazard. Railroad workers deal with constant fall hazards from rail cars, ladders, platforms, and around rail yards. Workers maintaining track along the elevated Metra lines or working in switching yards near the massive Chicago rail hub face these risks every shift.

Repetitive stress and cumulative trauma injuries are also common. A worker who spends years lifting, bending, and working in awkward positions on rough ballast can develop herniated discs or degenerative back conditions that are just as disabling as a single traumatic event. FELA covers both types of harm.

In addition to providing compensation for traumatic bodily injuries sustained from railroad-related tasks, FELA also covers injuries due to toxic exposures. Many railroad workers were regularly exposed to substances such as asbestos, diesel exhaust, silica dust, creosote, welding fumes, chemical solvents, and weedkillers throughout their careers. Workers who developed occupational illnesses from years of exposure to these substances have the same right to file a FELA claim as those injured in a single accident.

If you have suffered any of these injuries while working for a railroad in or around Chicago, from the rail yards near Pilsen to the freight lines running through Bridgeport, the law gives you a path to recovery. The question is whether you pursue it correctly.

How FELA’s Negligence Standard Works and Why It Favors Injured Railroad Workers

FELA requires proof of negligence, but the standard it applies is far more favorable to injured workers than a standard personal injury case. Under 45 U.S.C. § 51, a railroad is liable for injuries resulting “in whole or in part” from its negligence. Courts have interpreted this to mean that the railroad’s negligence only needs to have played some part, even the slightest part, in causing the injury.

The railroader need only prove to the jury that the employer’s negligence played any part, even the slightest, in causing the injury for which damages are sought. This is a much lower bar than what most personal injury plaintiffs must clear.

What counts as negligence under FELA? Negligence can be established in many ways, but in general, it is done by showing that the railroad failed to provide a reasonably safe place to work. If a railroad fails to provide a reasonably safe place to work, and that failure contributes to an injury in whole or in part, then the railroad is liable for all damages caused by its negligence.

FELA also addresses the issue of shared fault. Even if a railroad worker is also partially at fault, FELA allows the worker to recover for the percentage of the railroad’s negligence that contributed to an injury. So if a jury finds a worker 30% responsible and the railroad 70% responsible, the worker still recovers 70% of the full damages award. This comparative fault system, under 45 U.S.C. § 53, is far more worker-friendly than the old common law rule that barred recovery entirely if the worker bore any fault.

There is also an important exception. If a railroad is found to be in violation of a federal safety regulation such as the Safety Appliance Act or the Locomotive Inspection Act, other federal regulations may be implicated as well, including regulations that require railroads to ensure that vegetation is properly managed and that track beds have adequate drainage. If a railroad is found to have violated a federal safety regulation, it will be strictly liable for all resulting injuries, regardless of any fault on the part of the worker.

This means that if your injury resulted from a brake defect, a faulty coupling, or any other violation of a federal railroad safety law, you may not need to prove negligence at all. An experienced attorney can identify whether these regulations apply to your case.

Who Qualifies for FELA Coverage and Where Claims Can Be Filed

FELA covers a broad range of railroad workers, not just engineers and conductors. FELA covers all railroad workers employed with common carriers engaged in interstate commerce including conductors, engineers, carmen, electricians, machinists, trackmen and maintenance of way workers, signal maintainers, bridge and building workers, yardmasters, pipefitters and sheet metal workers, welders, carpenters, and laborers. If your duties in any way further interstate rail commerce, you likely qualify.

Under 45 U.S.C. § 51, any employee whose duties further interstate or foreign commerce, or who directly and substantially affects such commerce, is considered employed in that commerce for FELA purposes. Federal courts interpret this broadly. The key question is whether you are engaged in interstate commerce furthering the railroad’s transportation business. Federal courts interpret this broadly, covering most railroad employees regardless of specific job duties.

One of FELA’s important features is that injured workers have a choice of forum. FELA gives the injured employee the choice of commencing a lawsuit in federal or local state courts. In Chicago, that means you can file in the U.S. District Court for the Northern District of Illinois, located in the Dirksen Federal Building at 219 South Dearborn Street in the Loop, or in the Circuit Court of Cook County. Your attorney can help you decide which forum gives you the best chance of a fair outcome based on the specific facts of your case.

FELA also protects the families of railroad workers who are killed on the job. Under 45 U.S.C. § 51, a personal representative may bring a claim for the benefit of the surviving widow or husband and children, and if none, then the employee’s parents, and if none, then any next of kin dependent upon the employee. A wrongful death claim can be pursued for the benefit of the surviving spouse and children of the employee. If the employee was single with no children, then the employee’s parents will be next in line to pursue the claim. If the employee has no surviving parents, then the next of kin dependent upon the employee would be able to bring the claim.

Workers who are unsure whether they qualify, or who work for contractors rather than directly for a railroad, should speak with a workers’ compensation lawyer as soon as possible to evaluate their options under FELA and any other applicable laws.

The FELA Filing Deadline and Steps to Protect Your Claim in Illinois

FELA sets a strict three-year statute of limitations. Under FELA, injured railroad workers or the families of deceased workers must file their claims within three years from the date of the injury or the date the injury was discovered, or reasonably should have been discovered. This timeframe applies to both physical injuries from accidents and occupational illnesses caused by long-term exposure to hazardous conditions, such as diesel exhaust or asbestos. Missing the statute of limitations deadline may permanently bar a worker or family from recovering compensation.

Three years may sound like a long time, but FELA claims require significant investigation. Your attorney needs to gather evidence from the accident scene, review maintenance and inspection records, interview witnesses, and often retain expert witnesses to establish that the railroad’s negligence caused your injury. Waiting too long puts all of that at risk.

There are also critical steps to take immediately after an injury. You have the right to see your own doctor, not just the company’s physician. When you have only been treated by the company doctor, your whole medical history is in the hands of the company. When the claim is presented in court, all the medical details about your injury are in the hands of the company lawyers. The company doctor generally plays down existing injuries as well as the period of future disability. This will result in a smaller recovery. Choosing your own treating physician protects the integrity of your medical record.

Do not sign any documents or give recorded statements to the railroad or its claim agents before speaking with an attorney. Railroads are sophisticated defendants with experienced legal teams. Their claim agents are trained to minimize payouts, not to protect your interests.

Workers across the Chicago metro area, from the northern suburbs served by Metra’s Union Pacific North line to the south side freight corridors near the Indiana border, have access to legal help close to home. Whether you are in Cook County or the surrounding region, a workers’ compensation lawyer with experience in FELA claims can review your situation at no cost and help you decide how to move forward. Briskman Briskman & Greenberg also serves injured workers throughout Illinois, including those who may benefit from a workers’ compensation lawyer in Peoria, a workers’ compensation attorney in Rockford, or a workers’ compensation attorney in Lake County. Call us at (312) 222-0010 for a free consultation. There is no fee unless we recover for you, though you may still be responsible for certain costs and expenses, which we will explain clearly before you commit to anything.

FAQs About Chicago Railroad Worker Injury Lawyers

Can I file both a FELA claim and an Illinois workers’ compensation claim after a railroad injury?

No. Railroad workers employed by interstate carriers are excluded from the Illinois Workers’ Compensation Act, 820 ILCS 305, because FELA is considered the exclusive federal remedy for their on-the-job injuries. You cannot collect under both systems. However, FELA generally allows for broader recovery than workers’ compensation, including full lost wages and pain and suffering damages, which are not available under the Illinois workers’ compensation system.

What if I was partially at fault for my own railroad injury?

You can still recover compensation. FELA uses a comparative fault system under 45 U.S.C. § 53. Your damages are reduced by the percentage of fault attributed to you, but they are not eliminated. So if your total damages are $500,000 and a jury finds you 25% at fault, you still recover $375,000. The railroad cannot use your partial fault as a complete defense to your claim.

Does FELA cover occupational diseases, not just traumatic accidents?

Yes. FELA covers injuries and illnesses caused by long-term exposure to hazardous conditions, including asbestos, diesel exhaust, silica dust, creosote, and chemical solvents commonly found in rail yards and on locomotives. The three-year filing deadline for occupational diseases typically begins running from the date you knew or reasonably should have known that your illness was connected to your railroad employment, not necessarily the date of your last exposure.

What compensation can I recover under a FELA claim?

A successful FELA claim can include past and future medical expenses, past and future lost wages, loss of future earning capacity, pain and suffering, loss of enjoyment of life, and, in cases of permanent disfigurement or disability, compensation for those specific losses. Unlike Illinois workers’ compensation, FELA places no cap on these damages. The value of your claim depends on the severity of your injuries, whether they are permanent, and how they affect your ability to work and live your daily life.

What should I do first if I am injured while working for a railroad in Chicago?

Seek medical attention immediately from a doctor of your own choosing, not just the company doctor. Report the injury to your supervisor and document the incident in writing. Do not give a recorded statement to the railroad or its claim agents, and do not sign any documents they present to you before speaking with an attorney. Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible. The sooner an attorney can begin investigating the accident scene, preserving evidence, and reviewing maintenance records, the stronger your FELA claim will be.

More Resources About Industries & Occupations

The overall experience I had with Briskman Briskman & Greenberg was the kind that everyone should receive from any firm.

The staff stayed in contact with me via phone and email, they were very knowledgeable, they made sure I understood what was going on at all times, they answered all of my questions, were transparent, and definitely exceeded my expectations. I highly recommend them.

- Brandon Spivey

The level of care, attentiveness, empathy and concern relating to my case when dealing with Briskman Briskman and Greenberg surpassed my expectations.

They were extremely knowledgeable and fair in all matters related. They exemplified excellent customer service and care. They kept me inform and updated every step of the way and any questions I had they answered. I highly recommend using them as I would again.

- Joshua Payton

I was put to ease with the professionalism at Briskman and Briskman.

Paul Greenberg especially put my mind to rest and within a years time I have settled my case and I am very satisfied with the outcome. My injury was devastating but working with this law firm has put a lot of stressful nights to rest.

- Nakia Childs

I needed a personal injury lawyer and Gavin and his team went above and beyond.

They made the process simple and helped me in every step of the way. What I really appreciate is that they are straightforward and are quick to respond to my questions and any issues from a text or phone call. They as well continuously checked up on me. I'm happy with how they handled my case and would recommend giving them a call!

- Ted Zakrzewski

Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers (BBG) is a legal team you want on your side.

They handled my case in a professional, sensitive and very competent manner. The staff exhibits expertise in the legal realm and provided excellent customer support and care. Thanks BBG for your help with navigating a very sensitive and challenging case for my family.

- Robin Albritton

If you were in an accident and need an excellent lawyer, talk to Paul!!

Very nice and professional lawyer that extremely cares about their clients. Fingers crossed I'm never in an accident ever again but if so, I' would definitely, 10/10 use Paul again!

- Danny S.

I am so very pleased with the representation from BB&G!

Robert Briskman handled my injury case very well. Funny and understanding personality and he took the time to explain everything in detail of the entire case. It was wonderful working with him. I would recommend BB&G to anyone and for myself again in the future.

- Geneva Vanderbilt

From the moment I contacted this law firm I was treated like family.

Gavin Pearlman was honest and upfront with me throughout the process. No surprises and never kept me hanging. I strongly recommend These attorneys for your needs.

- Ron Gaber

I cannot say enough good things about the attorneys at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers.

They were extremely responsive, professional, and compassionate throughout the entire process.Their negotiations skills were exceptional, and they were able to secure a settlement that far exceeded my expectations.I am grateful to have had such a dedicated team