Chicago Accident and Injury Lawyer Blog

Working for the railroad is not easy work. With a railroad job, serious injuries and deaths often occur due to the nature of the job and some of the risks associated with railroad employment. Congress recognized this in 1908 and enacted the Federal Employer’s Liability Act (FELA). FELA provides benefits for railroad workers who sustain injuries in the scope of their employment. Individuals who have been injured while working for the railroad, such as a brakeman, maintenance worker, engineer, fireman, switchman, conductor, yard master or any other railroad jobs, are entitled to file a FELA claim for monetary damages. The monetary damages under FELA are not subject to any cap or limitation in recovery.

There are three basic requirements that must be established under FELA in order for an injured railroad worker to recover damages. They are as follows:

- The accident must have occurred in the course and scope of the worker’s employment with the railroad. This does not require that the accident occur on railroad property. Conversely, as long as the injury occurs in the furtherance of the worker’s employment, that individual is covered by the act.
- The railroad must be engaged in interstate commerce between two or more states.
- The railroad must have caused or in some way contributed to the injuries sustained by the railroad worker.

There are several different types of monetary damages which are recoverable in an FELA case. For example, an injured worker can recover past and future medical hospital expenses; past and future lost earnings; past and future physical pain and mental suffering; and, past and future disability, to name a few. There are additional FELA benefits which are recoverable when a railroad accident results in the railroad worker’s death.