Understanding FELA and Railroad Accident Injuries
In 2008, there were nearly 2,500 train accidents in the U.S., involving 27 fatalities. Illinois had the second highest number of accidents in the nation. The Federal Railroad Administration defines a train accident as an event involving on-track rail equipment that results in monetary damage to the equipment and track above a certain threshold. However, when all accidents/incidents involving railroads are reported, the number of accidents climbs astronomically to 12,480 for the year, with 796 fatalities and over 8,500 injuries.
Railroad worker injuries are governed by the Federal Employers' Liability Act (FELA). FELA was enacted in 1908 to protect and compensate railroad workers for on-the-job injuries. State workers' compensation statutes followed shortly thereafter.
FELA requires the worker to prove negligence on the part of the railroad in order to recover. Recovery, however, is not limited to a schedule of payments based on the type of injury; rather, the worker is entitled to recover various damages, including:
- Past and future medical expenses
- Loss of earnings
- Loss of earning capacity
- Pain and suffering
- Emotional distress
The Law Office of Harrington, Thompson, Acker & Harrington, LTD - Chicago FELA Lawyers
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Chicago, IL 60606
(800) 828-5828
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