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.



ILLINOIS

Blunt & Associates, Ltd.
60 Edwardsville Professional Park, P.O. Box 373
Edwardsville, Illinois 62025
(618) 656-7744 (800) 323-5538
(618) 656-7849 (fax)
michaelb@bluntlaw.com
www.bluntlaw.com
David L. Blunt

Kujawski & Associates, P.C.
1331 Park Plaza Drive, Suite 2
O'Fallon, Illinois 62269-1764
(618) 622-3600 (800) 624-4571
(618) 622-3700 (fax)

www.kujawskiassociates.com
John P. Kujawski

Sands & Associates
33 North Dearborn St., Suite 1630
Chicago, Illinois 60602
(312) 236-4980 (800) 832-1999
(312) 236-1711 (fax)
scsands@ameritech.net
www.sandsandassociates.com/
Scott C. Sands

Schlichter, Bogard & Denton
120 West Main St., Suite 208
Belleville, Illinois 62220
(800) 873-5297
(314) 621-7151 (fax)
jschlichter@uselaws.com

Jerome J. Schlichter

Daniel J. Downes, P.C.
60 W. Randolph
Chicago, Illinois 60601
(312) 781-1852 (800) 624-2121
(312) 781-1854 (fax)
dan@dandownes.com
www.feladownes.com
Daniel J. Downes

Hoey & Farina
542 South Dearborn, Suite 200
Chicago, Illinois 60605
(312) 939-1212 (888) 425-1212
(312) 939-7842 (fax)
Info@hoeyfarina.com
www.hoeyfarina.com
James L. Farina



MISSOURI

Bauer & Baebler, P.C.
1716 S. Broadway
St. Louis, Missouri 63104
(314) 241-7700 (800) 682-4529
(314) 241-0003 (fax)

www.raillaw.com
Joseph L. Bauer, Esq.

Hubbell, Peak, O'Neal, Napier & Leach
30 West Pershing Road, Suite 350
Kansas City, Missouri 64108-2463
(816) 221-5666 (800) 821-5257
(816) 221-5259 (fax)

www.hubbellfirm.com
Gene Napier

Schlichter, Bogard & Denton
100 S. 4th St., Suite 900
St. Louis, Missouri 63102
(314) 621-6115 (800) 873-5297
(314) 621-7151 (fax)
jschlichter@uselaws.com

Jerome J. Schlichter

Rathmann Law Offices, L.L.C.
1031 Lami St.
St. Louis, Missouri 63104
(314) 773-3456 (800) 238-4122
(314) 773-7238 (fax)

www.felainjury.com
Dennis T. Rathmann