Workers in Indiana and Illinois who suffer serious or fatal injuries in a work accident can, as a general rule, look to state workers’ compensation legislation to protect them in the aftermath of a severe work injury. Established systems are in place in each state to process worker injury claims for both the injury victim and his or her loved ones. For more, read our discussions in:
- Illinois Workers Compensation System Overhaul Became Law on September 1, 2011: How Does It Impact Your Workers Compensation Claim?
- Workers Compensation in Indiana and Illinois: Work-Related Injuries and the Fight Against Corporate Greed
- When Workers Die Because of Employer’s Willful Violation of Safety Laws: New Indiana Statute.
However, not every employee is protected by the state systems of Indiana and Illinois. For some workers, federal laws exist to provide support and aid after an on-the-job accident. Congress has segregated certain industries from state law jurisdiction. People working in these specific areas must file their claims for relief according to federal law.
These federal laws are:
- The Jones Act (also known as the Merchant Marine Act of 1920) (“Jones Act”);
- The Longshore and Harbor Workers’ Compensation Act (“LHWCA”);
- The Defense Base Act (“DBA”); and
- The Federal Employers Liability Act (“FELA”).
Jones Act and LHWCA
The Jones Act and the Longshore and Harbor Workers’ Compensation Act provide federal protections to workers who work either on vessels or on land, as maritime workers. We have discussed the application of this legislation earlier, see: The Jones Act vs. the Longshoreman and Harbor Workers’ Compensation Act for Maritime Workers.
DBA
The Defense Base Act is an extension of the LHWCA, passed in 1941 to provide injury coverage to civilian employees working outside of the United States either on U.S. military bases or under a contract with the U.S. government for public works or for national defense. Loved ones here in Indiana or Illinois may have DBA claims to assert related to injuries sustained by family members at an overseas American military base.
FELA
The Federal Employers Liability Act (“FELA”), 45 U.S. §51, provides injury protection for railroad workers who are employed by interstate railroad companies here in Illinois or Indiana. This is extremely important legislation for our part of the country because of the importance of railroads here.
Indiana and Illinois: Interstate Railroad Companies
Railroads are an intrinsic component to the economic vitality of both Illinois and Indiana. Both states are among the top ten in this country for rail miles (Illinois, No.2; Indiana, No.9). Only Pennsylvania and Texas have more freight railroads than Illinois and Indiana. Hoosiers have a significant rail tradition, and Illinois is perhaps the most noteworthy state in the union for the interstate rail industry.
As American Rails explains:
Illinois railroads easily are the nation’s most important in terms of the region they serve and volume of traffic which is handled. The state was once home to the most Class I railroads of all time and today is the only state to claim all seven North American Class Is within its borders. The Prairie State is also home to the nation’s railroad capitol, Chicago; where East meets West (Chicago was the primary reason so many railroads originally entered Illinois). No other state, past or present, features such a wide variety of liveries, operations, and history as does Illinois. While today its rail network has shrunk to just over 7,000 miles during the industry’s “Golden Age,” Illinois was once home to more than 12,000 miles.
What Does FELA Provide?
Congress passed FELA in 1908 to protect railroad workers who suffer bodily injuries while on the job. FELA, as federal legislation, cannot apply to any rail company that exists solely within the geographical boundaries of either Indiana or Illinois. Jurisdictionally, FELA can only apply to claims within the federal government’s ability to govern interstate commerce under the commerce clause of the U.S. Constitution.
Accordingly, FELA protects rail workers who are employed by an interstate rail company. If the worker is employed by a small, local rail operating within state lines, then he or she will be covered by the state worker’s compensation program.
FELA, generally speaking, mandates that an injured railroad employee can file an injury claim for damages based upon evidence that the interstate rail company was negligent in some way, which caused his or her harm.
Under FELA, the claimant must provide evidence that his or her on-the-job injury was caused, at least in part, by the negligence of either: (1) a railroad employee; (2) a railroad agent or representative; (3) a railroad contractor; or (4) manufacturer of defective rail equipment.
FELA is a contributory negligence statute. As 45 U.S.C. §53 provides:
…. the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
FELA also allows injured railroaders coverage that exceeds the damages allowed by many state workers’ compensation plans. Railroaders may be able to obtain awards under FELA that include things like past and future (1) mental and emotional distress and (2) pain and suffering along with (1) medical expenses; (2) lost earning capacity; (3) lost wages; and (4) partial or full disability.
Railroad Workers Injured on the Job in Indiana and Illinois
Under FELA, injured railroaders have three (3) years to file their injury claims and the deadline is calculated to begin on the date when the worker was hurt. Each case must be given individual consideration and respect, with investigation into not only the causes of the accident but the scope of damages that are covered under the federal law.
Railroaders in Indiana and Illinois who have been hurt on the job because of the failure in their employer’s duty of care and safety may have legal rights under either the state laws of Indiana and Illinois or under the broader provisions of FELA if they are employed by an interstate rail company.
For more on rail injuries, read:
- Will We Be Safer from Deadly Railroad Accidents in Indiana and Illinois? The 2021 Positive Train Control (PTC) Technology
- Deadly Accidents at Railroad Crossings in Indiana and Illinois
- Fatal Railroad Accidents: National Rail Safety Week is September 22 -28, 2019
- Railroaders: Railroad Accidents on the Job in Illinois and Indiana.
Working in the rail industry is inherently dangerous. Railroaders in Indiana and Illinois put their lives at risk each day as they go about their daily tasks. Please be careful out there!
