Law Offices of Tom Plouff
tom plouff phone 312-637-9141

Federal Employers Liability Act (FELA) Railroad Injury And Accident Lawyer

FELA Railroad Lawyer

This brief article on FELA is directed towards railroad workers who are in management positions, that is supervisors and managers. You are nonunion. So, unlike the railroad workers who belong to the Brotherhood of Railroad Signalmen, whom we have also represented, you have not been directed by your union representative to a particular law firm by lawyer.

One thing that is different between union and nonunion representatives is the recovery of medical expenses at a FELA trial. There is no reason for a union worker to put in those medical expenses, or at least not to be concerned between the amount charged versus billed for medical services, because the insurer typically cannot obtain subrogation based on the union’s collective bargaining agreement that includes health insurance as a fringe benefit. The management railroad worker’s insurer typically will seek subrogation, thus the management worker with a FELA railroad lawyer case should put in evidence of the amount of medical expenses billed. Typically there will be a substanital difference between the higher amount charged for medical services versus what was in fact paid for those services. If the FELA case is tried in Cook County, Illinois, then Illinois law will control. In order to get the higher amount charged medical expenses into evidence, a medical billing expert will have to be hired to testify that the amount charged is reasonable and customary by lawyer. The fela railroad typically is barred from introducing evidence that a lesser amount was paid because that would be impermissible evidence of collateral source.

If you need a FELA Railroad Lawyer in Chicago with a solid record, please call me now at (312) 637-9141 or contact me now.