Under FELA law, a railroad will be liable to an employee who sustains an injury resulting in whole or in part from the failure of the railroad to provide a reasonably safe work place. Even slight negligence by the railroad is sufficient to confer liability. But there must be some evidence of negligence as a railroad is not an insurer of the wellbeing of its employees. What constitutes negligence will be the subject of this and several companion articles. The facts are taken from actual cases decided by Illinois courts, but not cases where Lipkin & Higgins were the attorneys.
Under FELA law, a railroad will be liable to an employee who sustains an injury resulting in whole or in part from the failure of the railroad to provide a reasonably safe work place. Even slight negligence by the railroad is sufficient to confer liability. But there must be some evidence of negligence as a railroad is not an insurer of the wellbeing of its employees. What constitutes negligence will be the subject of this and several companion articles. The facts are taken from actual cases decided by Illinois courts, but not cases where Lipkin & Higgins were the attorneys.
When do you have a case if you suffer injury ?
You park your car in an outdoor shopping mall parking lot. You get out, walk across the lot and open the doors to the mall, take a step or two and slip and fall on water that’s on the floor. Unfortunately, you break your leg and require surgery. Do you have a case? Let’s add a general proposition of law and then examine the proposition in light of two different scenarios.
Are you entitled to make a claim for loss of earnings even if you have been compensated from accrued personal time, disability benefits, etc?
Extraordinary Remedies Under Workers Compensation Law Sections 19(b-1), 19 (K) and 19 (L) of the Act
The injured employee has the burden to show that their injury arose out of the activities of their employment. Generally, if the employee was participating in an activity related to their employment when injured, workers compensation benefits, including customary and reasonable medical treatment, Temporary Total Disability, and Permanent Partial compensation, are available.
Persons involved in accidents, attorneys and insurance adjusters often place unwarranted importance on the medical term used to describe a spinal injury, eg. – a slipped, bulging, or herniated disc (sometimes written as "disk"). The emphasis on medical terminology can lead to further confusion when attempting to prove that the deformed disc was “caused” by an accident. Many a case has floundered on these twin shoals, leading to disappointing legal results.