CTA Workers Compensation: What CTA Employees Need to Know If Hurt At Work

The Unique Challenges CTA Workers Face When Filing a Workers' Comp Claim

Working for the CTA is one of the toughest jobs in Chicago. Bus drivers navigate some of the most congested and dangerous streets in the country while dealing with aggressive motorists, distracted pedestrians, and sometimes violent passengers. Train operators are responsible for thousands of lives every shift. Maintenance workers crawl through tunnels, work on electrified rail lines, and handle heavy equipment in conditions that would make OSHA cringe. And when these workers get hurt — which happens far more often than the CTA would like to admit — they face a workers' comp process that is stacked against them.

I've been representing injured CTA workers for close to 30 years, and the CTA is one of the most aggressive employers I've dealt with when it comes to fighting workers' comp claims. They have a dedicated risk management department, in-house counsel, and a roster of IME doctors who reliably minimize injuries. They know every trick in the book because they deal with workers' comp claims every single day. Going up against the CTA without a lawyer is like showing up to a gunfight with a water pistol.

Here's what CTA workers need to understand. First, report every injury, no matter how small. The CTA is notorious for using late reporting against its employees. If you tweak your back driving over a pothole on the 77 Belmont route, report it that day. If you slip on a wet platform at the Howard station, report it before your shift ends. Write it down, give it to your supervisor, and keep a copy for yourself. I've had CTA workers who didn't report a "minor" injury that turned into a major one six months later, and the CTA used the late reporting to fight the entire claim.

Second, don't rely on CTA medical services to evaluate your condition. The CTA will send you to their occupational health provider, and that provider's priority is getting you back to work as fast as possible. If you have a back injury that needs an MRI, their doctor might tell you it's a muscle strain and send you back to the driver's seat with some Motrin. Under Illinois law, you have the right to see your own doctor. Use that right. Find an orthopedic specialist or a neurologist who will give you a thorough evaluation without pressure from your employer.

Third, understand that CTA bus drivers and train operators face unique injury patterns that the insurance company loves to dispute. Driving a CTA bus for 8 to 10 hours a day, five or six days a week, takes a brutal toll on your body. The constant vibration, the jarring from potholes and speed bumps, the twisting to check mirrors and blind spots — over time, this causes degenerative disc disease, herniated discs, rotator cuff tears, and chronic neck pain. The CTA will argue these conditions are "age-related" or "degenerative" and not caused by your job. That's their standard defense, and it's often wrong. If your job caused or accelerated the degeneration, it's a compensable work injury under Illinois law.

Fourth, if you were injured because of a third party's negligence — a car that rear-ended your bus, a defective piece of maintenance equipment, an unsafe condition at a worksite managed by a contractor — you may have a personal injury claim on top of your workers' comp case. This is huge for CTA workers because the third-party claim lets you recover pain and suffering damages, which workers' comp doesn't cover. I've handled CTA cases where the third-party claim was worth three or four times what the workers' comp case alone would have been.

If you're a CTA employee who's been hurt on the job, don't go through the process alone. The CTA has a team of people working to minimize your claim. You need someone on your side who's been beating them at their own game for decades. Call us at 312-500-4500.

Problems CTA workers encounter

CTA workers face numerous dangers to their health and safety in their line of work. This may lead to injuries and the need to file a CTA workers comp case. Some of these problems include:

Assaults and Crimes

Countless times, CTA workers report cases of assault, especially during morning and evening hours. It can either be in the circumstance of theft or just unsatisfied passengers. These happen on trains, buses and even at train stations.  And, they are usually covered under Workers Comp.

Weather changes

Bad weather conditions may lead to serious accidents and injuries.  CTA workers can slip and fall on ice or snow or other materials which have dripped or spilled on the ground, and bad weather always increases bus accidents.  These kinds of injuries are usually covered as well, but that doesn't mean that the CTA will not fight them.

Construction projects

Another factor that greatly hinders the effectiveness of CTA workers is construction work. A CTA worker needs to investigate any ongoing construction routes before traveling. Consutrction work on the roads can lead to a crash. And at stations, can easily lead to fall or other injury.

Insufficient staff, bad training, overwork

The CTA is always in a budget crsis.  And it is always looking to reduce staff and increase efficiency.  This can inevitably result in new employees who haven't been given proper supervision or training or who have too much to do.  This can result in accidents and injuries to those employees -- and their co-workers.

What to do after an accident

Most people don’t know which steps to undertake after a CTA accident at work. The below points will guide you on what to do. They include:

Report the accident

Many employees lose their CTA workers comp benefits in a CTA Workers Compensation case due to failure of reporting an accident. If you got hurt at work, report it within 45 days and make sure you have a CTA Workers Compensation case filed at the Commission weithin 3 years or you may lose your right to receive benefits.

Early accident reports

Report your injuries promptly. It is better to report the accident within three days though not longer than 45 days. This will allow you to get CTA workers' compensation benefits.  If you miss the "45 Day Rule" for reporting your on the job injury, your case could suffer.

Seek medical attention

If your injuries are serious or just appear to be minor, get medical care immediately.  You can choose your doctor, but be aware of the "Two Doctor Rule" and stay within your doctors chain of referrals.

CTA Workers Compensation Benefits (What You Can Get)

Whether your injuries were serious or not, you should demand worker’s compensation. There are legal rights that entitle you to obtain compensation advantages. Consider the following benefits of CTA workers comp:

CTA Pays Medical

No matter the depth of your injuries, you are entitled to free medical treatment for your work related injuries. You choose your doctor, and the CTA is responsible for paying the medical bills.  They may fight the case, in which case we have to go to the Arbitrator (Judge) to force them to pay.

Temporary Total Disability

If you have to take off work while injured, get a doctor's note.  If you have a doctor's note saying that you cannot work, then the CTA is supposed to pay 2/3 of your salary.  Without a doctor's note, you may be out of luck.

Lump Sum At The End

Once you have healed, you are entitled to a lump sum settlement called PPD (Permannet Partial Disability).  Many times, employers ignore this part and way for the 3 year filing deadline to expire.  But you are entitled to a PPD paying in virtually all cases.

Hiring a lawyer

Hiring a lawyer is a very wise plan for a CTA Workers Comp case. The CTA is always under a money crunch, and they want to pay you as little as possible (or nothing) for your CTA Workers Compensation case. 

There are so many little details and rules and procedures in Workers Comp, you're better off with someone who knows how to maximize what you get.  You never pay out of your pocket and the consultation is free. A good lawyer will thoroughly help you and taker care of all of the details so you can focus on getting better.

A CTA workers comp lawyer will help you recognize your rights as a CTA employee. During accidents, the lawyer can explain the entire process including getting hospital and wages paid. And the lawyer does the 'leg work' and handles all of the hassles.