Railroad Accident Case Expectations

Have you been seriously hurt in a railroad accident and have questions about your railroad accident case expectations? Give us a call today.

1) Unsure If You Need a Railroad Accident Lawyer

Railroad Accident Case ExpectationsWe need to know certain details or facts of the case before we can even begin to answer that question. Sometimes there’s an analysis that needs to be done of, is it worth hiring a lawyer and antagonizing the railroad and your employer and potentially jeopardizing them taking retribution against me, versus the injury itself?

A consultation with us is free. It doesn’t cost you anything to give us a call. Most importantly, your consultation with us is confidential. The railroad will never know or find out that you called us just to run by the scenario and see if this is something that you think should be pursued with a lawyer.

2) Your Legal Rights

The railroad workers are actually not entitled to Illinois workers’ compensation benefits. There’s an old law called FELA that applies to people that are injured while they’re working for the railroad. The law surrounding FELA can be very complicated and confusing. As a matter of fact, the law goes all the way back to the early 1900s.

When deciding what lawyer to hire in a FELA case, or if you work for the railroad and you’ve been injured, it’s important to hire one that knows what your rights are. Generally speaking, you’re entitled to all of your medical bills paid by the railroad. You’re entitled to your wage loss that you’ve suffered. You’re entitled to any seniority that you’ve lost or any additional off-the-check benefits that you may be entitled to, and you’re also entitled to pain and suffering and disability as a result of the injury you suffered while working for the railroad.

3) Needing a Lawyer

The railroad claims manager keeps telling me that they’re going to pay for everything, and they’re going to take care of things.” The claims manager will say that there’s no reason for you to hire a lawyer because they’re going to take care of it and get you back to work but.

Unfortunately, over time, we have seen the railroads promise a lot but deliver very little. Even though at the time of your injury the claims manager may accompany you to your doctor’s visits or call you on a daily basis to see how you’re doing, do not be fooled. Their interest is solely for the railroad. They do not have your best interest at heart. In most of the railroads we’re familiar with, they actually award bonuses to people that are able to keep injury claims down and the amount that they have to compensate somebody low.

4) Settlement Timeline

In Illinois, and basically across the entire United States, you have a three-year limitation to bring an injury case as a result of being injured working for a railroad. The problem with waiting that period of time is normally, if you delay in notifying the railroad, they will immediately bring you up on disciplinary charges and move towards trying to get you fired for failure to report an on-the-job injury. Even though you may have three years to pursue a claim, by no means would you want to wait that long.


Have you or your loved one been seriously hurt in a railroad accident in Illinois and have questions about your railroad accident case expectations? Contact our experienced Naperville railroad accident attorneys today for a free consultation and case evaluation.

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