Whether a hostler truck driver, crane operator, or groundman, intermodal rail yard workers face unique challenges and hazards in their daily operations. As a vital component of our nation’s supply chain, these dedicated professionals deserve strong legal protections when workplace injuries occur.

This article explores the various legal avenues available to injured intermodal workers in Illinois, including workers’ compensation benefits, third-party claims, and Federal Employers Liability Act (FELA) protections.

The Hazardous World of Intermodal Work

Intermodal workers operate in dynamic environments where multiple forms of transportation intersect. Their workplace typically includes:

  • Railyards with constant train movement
  • Container storage facilities
  • Loading docks and platforms
  • Areas with heavy machinery like cranes and reach stackers
  • Truck terminals and staging areas

Common hazards these workers face include:

  • Equipment-Related Injuries
    • Accidents involving container handling equipment
    • Crane and lift accidents
    • Injuries from malfunctioning machinery
    • Incidents with automated guided vehicles (AGVs)
  • Environmental Hazards
    • Exposure to harmful substances during container handling
    • Weather-related risks, especially in extreme conditions
    • Slip and fall accidents on wet or icy surfaces
    • Poor visibility in nighttime operations
  • Motion-Related Injuries
    • Strain from repetitive movements
    • Back injuries from heavy lifting
    • Falls from heights while accessing equipment or containers
    • Crushing injuries between containers or vehicles

Illinois Workers’ Compensation Benefits

Illinois law requires employers to provide workers’ compensation insurance for their employees. For intermodal workers, these benefits include:

  • Medical Care Coverage: All reasonable and necessary medical treatment related to the work injury
  • Temporary Total Disability (TTD): Two-thirds of the worker’s average weekly wage while unable to work
  • Permanent Partial Disability (PPD): Compensation for lasting impairments
  • Vocational Rehabilitation: Support for workers who need to transition to different roles
  • Death Benefits: Protection for surviving family members in fatal accident cases

Understanding Third-Party Claims

While workers’ compensation provides crucial benefits, it may not fully compensate for all losses. Third-party claims allow injured workers to seek additional compensation when someone other than their employer contributed to their injury. Common scenarios include:

  • Injuries caused by defective equipment manufactured by another company
  • Accidents involving contractors or vendors working at the facility
  • Incidents caused by negligent truck drivers from other companies
  • Injuries resulting from poorly maintained equipment owned by other entities

Unlike workers’ compensation claims, third-party lawsuits can seek compensation for:

  • Full lost wages (not just two-thirds)
  • Pain and suffering
  • Emotional distress
  • Loss of quality of life
  • Future medical expenses
  • Other damages not covered by workers’ compensation

FELA and Technical Employee Cases

The Federal Employers Liability Act (FELA) provides special protections for railroad workers, including many intermodal employees who work with rail operations. Key aspects of FELA include:

  • Broader Coverage: FELA allows recovery for a wider range of damages than traditional workers’ compensation
  • Fault-Based System: Workers must prove the railroad’s negligence contributed to their injury
  • Higher Potential Recovery: FELA claims often result in larger settlements than standard workers’ compensation cases
  • Comprehensive Protection: Coverage extends to various aspects of railroad operations

Technical Employee Classification

Understanding whether a worker qualifies as a “technical employee” under FELA is crucial, as it affects their legal rights and potential compensation. Factors considered include:

  • The nature of their work responsibilities
  • Their relationship to railroad operations
  • The degree of their involvement with interstate commerce
  • The location and context of their work duties

Maximizing Your Legal Protection

If you’re an intermodal worker who has suffered an injury, consider these important steps:

  • Report the injury immediately to your supervisor
  • Document the accident scene and preserve evidence when possible
  • Seek immediate medical attention and follow all treatment recommendations
  • Keep detailed records of all medical care and related expenses
  • Consult with an experienced attorney who understands the complexities of intermodal worker cases

The intersection of workers’ compensation, third-party claims, and FELA creates a complex legal landscape for injured intermodal workers. Each case is unique and may involve multiple legal theories and potential sources of recovery. Working with knowledgeable legal counsel can help ensure you receive the full compensation you deserve while navigating these various legal protections.

At Coleman Lynch & Partners, PLLC., our work injury lawyers have represented injured spotters, hostler truck drivers, crane operators, and groundmen employed by Pacific Rail Services, Parsec, ITS ConGlobal, Remprex, and H&M in Cook, Will, and Winnebago Counties and throughout Illinois.  Contact us at 312-239-8298 or via our online form.

Notable Results for Injured Intermodal Workers

  • $7,000,000 settlement for a young Teamster hostler truck driver killed when he was crushed by another hostler truck in a Will County intermodal yard.  In 2023, the Jury Verdict Reporter recognized the settlement with a Trial Lawyer Excellence Award as the highest work injury settlement in Will County.
  • $803,000 workers compensation arbitration award against Parsec for a Teamster hostler truck driver who suffered injuries to her neck and back when she was unable to avoid a concealed crater in Logistics Park Chicago (Elwood).
  • $425,000 personal injury settlement for a hostler truck driver who was in a wreck with an outside negligent trucking company.  The settlement included a complete waiver of the employers workers compensation lien.
  • $400,000 workers compensation settlement for a Teamster hostler truck driver employed by Pacific Rail Services who was rear ended by a temporary employee at 59th Street (Chicago) injuring his neck requiring surgery.

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