
| Understanding FELA |
| The Federal Employers Liability Act was passed by Congress in 1908, for the purpose of providing compensation to railroad employees who are injured on the job. It enables injured employees to bring claims directly against their employers where it can be shown that it was the railroad's negligence that caused the injury. Negligence is defined as the railroad's failure to exercise reasonable care in its obligation to the employee. It could be as a result of not providing a safe place to work, proper tools and equipment to do the job, or adequate help or training. The courts have held that the employer's negligence does not have to be the sole cause of the accident. So long as the carrier was at fault in the slightest degree it is enough to establish the right to bring a claim. If the employee was also at fault in causing the accident the jury can reduce his award by the percentage that he was at fault. For example, if the damages totaled $100,000.00 but it was determined that the employee was 25% at fault, the net award would be $75,000.00. Under the FELA the injured employee may file a lawsuit in the state or federal courts and have a jury decide the damages, if any, to which he is entitled. Unless the claim is settled the lawsuit must be filed within three years of the date of the accident. As distinguished from state workman's compensation laws, there is no schedule of benefits, whether weekly or otherwise to which an employee is entitled. Instead there are elements that determine damages. They include lost wages, pain and suffering, permanency of injury and effect on life style, future pain and suffering, future lost wages, and out-of-pocket expenses including medical costs. Usually the damages under the FELA can be significantly greater than that which would normally be collected if under workmen's compensation. Because the FELA involves bringing a claim directly against the employer, the railroads make every effort to keep the amount they pay out as low as possible. In order to counter this, and because it is a specialized area of the law, the BLET has appointed "designated counsel" around the country to whom members can go for guidance, advice, and representation. They are all experienced in handling FELA claims. © 2007 Brotherhood of Locomotive Engineers and Trainmen The Brotherhood of Locomotive Engineers lists FELA designated counsels from all areas of the United States. You can use the following url to locate designated counsels: http://www.ble. org/fela/find.asp) FELA and Designated Legal Counsel The following is a list of attorneys all of whom practice in Illinois and specialize in FELA injury claims. It is important to use a designated counsel for a illness or injury claim that is a result of employment on the railroad for several reasons, the most obvious being that they are specialists in the area of federal law that pertains to these types of claims. If you think that you may need their services, contact them. There is no charge or obligations for initial consultations. Blunt & Associates, Ltd. 60 Edwardsville Professional Park Edwardsville, Illinois 62025 (800) 323-5538 (618) 656-7744 (618) 656-7849 (fax) E-mail: michaelb@bluntlaw.com Web site: http://www.bluntlaw.com Hoey, Farina and Downes 542 S. Dearborn, Suite 200 Chicago, Illinois 60605 (800) 624-2121 (888) 425-1212 (312) 939-1212 (312) 939-7842 (fax) E-mail: info@felahfd.com Web site: http://www.felahfd.com Kujawski & Nowak, P.C. 1331 Park Plaza Drive, Suite 2 O'Fallon, Illinois 62269-1764 (800) 624-4571 (618) 622-3600 (618) 622-3700 (fax) E-mail: felaattys@aol.com Web site: www.kujawski-nowak.com Rathmann & O’Brien, L.L.C. 1031 Lami Street St. Louis, Missouri 63104 (800) 238-4122, (314)-773-7238 (314)-773-7238 (fax) Decatur: 217-877-0104 Email: jeannieepps@sbcglobal.net Web site: http://www.felainjury.com Bauer & Baebler 1010 Market St, Suite 350 St Louis Mo 63101 1-800-682-4529 Fax: (314) 241-0003 law@bauer-baebler.com www.bauer-baebler.com Sands & Associates 33 North Dearborn St., Suite 1630 Chicago, Illinois 60602 (800) 832-1999 (312) 236-4980 (312) 236-1711 (fax) E-mail: scsands@ameritech.net Schlichter, Bogard & Denton 2661 North, Illinois, Suite 187 Swansea, Illinois 62226 (800) 873-5297 (314) 621-7151 (fax) E-mail: sbd@uselaw.com Web site: www.uselaws.com Yaeger, Jungbauer, Barczak & Vucinovich, P.L.C. 745 Kasota Avenue Minneapolis, MN 55414 Office: 612/333-6371 Toll Free: 1-800-435-7888 1-800-243-4253 FAX: 612/333-3619 E-mail: admin@yjbv.com Web site: http://www.yjbv.com |