Federal Employers’ Liability Act Lawyer in Chicago

Why Railroad Workers Need an Experienced FELA Lawyer

FELA is a powerful tool for justice, but it is not a no-fault system. To recover damages, you must prove that the railroad's negligence, even if only slight, contributed to your injury or illness. Navigating this requirement, especially for insidious diseases like cancer, is nearly impossible without skilled legal counsel.

Proving Negligence & Causation

Unlike state workers' compensation, which provides benefits regardless of fault, FELA mandates that you demonstrate:

• The railroad was negligent (for example, it failed to provide a safe workplace, proper equipment, or warnings).
• That negligence contributed, in whole or in part, to your injury or disease.

For traumatic injuries, this means gathering accident reports, maintenance logs, and witness testimony. 

For occupational cancers, the challenge is far greater:

• Long latency periods - Cancers like mesothelioma and leukemia can take decades to develop after initial exposure to carcinogens (such as asbestos, diesel exhaust, benzene).
• Expert testimony - We must retain highly qualified experts, such as industrial hygienists and oncologists, to establish the scientific link between your specific workplace exposures and your cancer diagnosis. The railroad will aggressively argue the cause was genetic or lifestyle-related (such as smoking), making expert counter-testimony critical.
• The railroad’s defense - Railroad companies have massive legal teams dedicated to denying claims. They will immediately begin their own investigation to minimize or shift the blame. You need an attorney on your side immediately to preserve crucial evidence and mount a strong defense.