Protect Yourself When Hurt On The Job

The following information is not intended to be legal advice. That can and should come only from a lawyer. What is written here cannot possibly tell you what the law is as applied to the facts of a particular case. If you have any questions about the following material please contact us at doshbrem@aol.com

The purpose of this article is to let you know that there is a law, and Act of Congress called the Federal Employers Liability Act (FELA) in which you should definitely be interested.

The United States Supreme Court in a decision rendered on April 20, 1964 states the following

"Injured workers or their families often fall prey on the one hand to persuasive claims adjusters eager to gain a quick and cheap settlement for their railroad employers, or on the other to lawyers either not competent to try these lawsuits against the able railroad counsel or too willing to settle a case for a quick dollar."

This article is designed to acquaint you with your rights given to you by congress and the Supreme Court of the United States. We hope that it will be of benefit to you.

Failing to Know This Information May Cost You-Why This Article?

Each year railroad workers by the thousands are injured or killed while on the job. The number of job accidents is increasing because of the speed-up and because of the failure to provide safe working conditions.

In many instances injured railroad workers or their survivors are left to shift for themselves. All too often the railroad companies, through claim agents, by waivers, and other methods succeed in dodging their just, lawful responsibility.

The railroads often try to get rid of disabled workers by pressuring them into taking inadequate disability pensions. The companies thus avoid their own legal responsibility and load their obligations on to the Railroad Retirement Fund. Disabled workers, as a result often fail to receive decent support during the remainder of their lives. The little money they do receive is taken from their co-workers, from whose wages regular deductions into the Fund are made by law.

But injured workers are entitled to and should receive their just, full compensation under the provisions of the U.S. Federal Employers Liability Act. They are entitled also, when they so choose, to continue on their job and not be forced into retirement.

Today, therefore, it is more important than ever that railroad workers should know their rights. They should learn how to safeguard these rights when hurt on the job.

Know Your Rights

Many railroad workers have been led to believe that when a person is hurt on the job they are entitled only to "compensation." Most railroad Claim Department agents usually tell the injured that "compensation" is a percentage of the time or wages lost. This is not true. The idea that an injured worker is entitled only to wages lost is not only false, but generally such a notion proves costly to the workers and their families. The fact of the matter is that railroad employees injured through the fault of the carriers are usually entitled under the law to receive much more than their lost time or wages if if they knew it!

When an employee of an interstate railroad is injured (or killed) at work, they or their survivors come under protection of the law of Congress known as the Federal Employers' Liability Act. Under this Act an injured railroad worker is entitled to recover not only the time or wages lost. They are, in addition, entitled to paid all of their expenses for medical treatment, for pain, and suffering undergone, and for permanent injury, whether partial or total. If they are killed, their survivors are entitled to recover all damages, without any limit on the amount, which they have suffered as a result.

The Law Says

A railroader is entitled to recover damages from their company under the U.S. Federal Liability Act, if the following facts exist:

(1)When the road they work for is engaged, even in a small part, in interstate commerce; that is, it either runs across a state line or handles interstate freight.

(2)When the injury to the worker is the result, even in part, of the negligence (carelessness) of any officer agent or employee of the railroad, or the injury is caused by any defect in the cars, engines, appliances, machinery, track, road bed, or other equipment of the road.

The railroads, under the law, have a duty to provide safe places of work for their employees. They must also provide safe equipment, tools and proper working conditions for them. If any railroad fails to take these safety measures, or if the employee is injured the carelessness of any other employee, the railroad is held responsible. It is liable to the worker for any injuries or damages they may suffer as a result.

The amount of money an injured railroad worker is entitled to recover is decided by two factors: (1) how serious are the injuries and losses and (2) whether the injured can show that the injury was in some way, or is some part, due to the fault of the railroad, the negligence of any of its employees, or some defect in equipment, tools, or unsafe working condition.

Keep a Record

The railroads, often try to avoid their obligations to injured employees. It is therefore, important that the injured worker be put in a position to get and keep proper information. This information should show if and how the accident was caused, in whole or in part, by the negligence or fault of the railroad, or by unsafe working conditions. The worker must also be in a position to prove the nature and extent of his injury and his loss.

The largest money claims are won from the railroads when the claims are actually taken to court. It is, therefore important that the injured employee get as much information and evidence as possible. The employee must be able to prove the cause of the accident and the nature and extent of the injuries they have suffered, in case a court trial is necessary. An injured employee should therefore get the names and witnesses who have knowledge of the accident or cause of the accident. He should remember and jot down the exact time and place of the accident.

When a railroad worker takes their claim to court, they only have to show that the injury was caused in part by the negligence of the railroad or its employees. Even if the injured railroader was at fault to some extent does not defeat their claim entirely. The injured person will still win their case if they can show that the railroad, or any of its employees, or its equipment, or his working conditions were, in part, responsible. The negligence of the worker, where it exists, can only be used by the railroad to reduce the amount of money the injured railroad worker will win. Even if the reduction is made only to the extent that the injured worker's negligence was partly responsible. In certain types of cases the negligence of the the injured worker is no defense to the railroad at all, and he may collect in full anyway.

Can Go to Court

Under the U.S. Federal Employers' Liability Act, the railroad worker's claim may be brought in a State Court or a U.S. Federal Court, whichever better suits his convenience or purpose. The injured worker is entitled to have a trial by jury. Moreover the employee may bring his claim in these courts in any city into which the railroad runs, or has branch lines, or even where the railroad has no tracks, but does have kind of an office, for the doing of any business.

The right of a worker to choose the place and the court where they may bring their claim is an important right. It gives the them the chance to sue in courts located in the larger cities where unusually court and jury awards are more adequate and reasonable than in rural communities. In addition, injured workers who are members of minority groups are more likely to receive a fairer hearing in the bigger cities.

Sign No Statement

Right after an accident, many railroads try to get the injured employee to sign a statement or make out reports and forms as to how the accident happened. Experience shows that the employee frequently signs a statement without reading it or without understanding the trick wording in which "statements" are loaded. Such "statements" often include weasel-word with which the claim agenda intends to prove that the accident was not the fault of the railroad, or any of its employees, but was the fault of the injured person. Such "statements" often include hidden phrases, which describe the railroad worker's injury as not serious.

Do not make any statements, either orally or in writing, and do not fill out any forms nor make any reports of any kind, signed or unsigned, as to how the accident occurred until you have been fully advised by your attorney. Most union agreements with the railroads specifically provide that an employee is entitled to representation even in an "investigation." Even if no such union provision exists, the Federal Employer's Liability Act gives an injured employee the right to have representation in any and all aspects of their claim. Many claims have been defeated or sharply reduced in the amount because injured railroaders sign statements or fill out forms or make reports which they do not carefully read or properly understand.

Collect All of It

When an injured railroader has established their claim by showing that the accident was caused by the negligence of the railroad, in whole or in part, the next question is: how much are they entitled to? the answer depends on the nature of the injuries suffered, and upon other facts:

(1)The more serious and more permanent am injury is, the more money the injured worker is entitled to recover;

(2)The amount that has been spent or is likely to be spent in the future for medical treatment; that is for doctor's bills, expenses for nursed, medicines, operations, hospitalization, ambulance, X-rays, or other special kinds of tests;

(3)The amount of wages lost in the past, as well as what may be lost in the future;

(4)The claim should also include a sum of money which will repay the injured for all the past, present and future pain and suffering.

Can't Fire You

Some railroad men hesitate to consult a lawyer about their claim. They have been led to believe the company can put them out of service or discriminate against them in other ways because they have exercised their right to consult and engage a lawyer to press their claims. This is false.

The fact is that the U.S. Federal Employers' Liability Act forbids the carriers to engage in such practices. The Act is very clear and strong on this point. The Act spells out the legal right of the injured railroad worker to get the advice of a lawyer.

The Act provides specifically that:

"Whoever, by threat, intimidation, order, rule, contract, regulation or device whatsoever, shall attempt to prevent any person from furnishing... such information to a person in interest, or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing such information to a person in interest, shall, upon conviction thereof, be punished, by a fine of not more than $1,000 or imprisonment, for not more than one year, or by both such fine and imprisonment, for each offense." ("Person in interest" in the law above quoted refers to your lawyer.)

Advice and counsel of a lawyer are the railroad worker's best guarantee that his claim will be properly evaluated, properly handled and presented. As a result the largest payment for settlement will be obtained.