Railroad Company
Railroad Worker Answers: What to do when injured on the job by Hannon And Palermo
If you’re injured on the job, it is imperative that you follow the below steps.
1. Report any on-the-job injury in writing immediately to the person in charge at the site. Failing to do so may result in disciplinary action from the railroad or the railroad’s denial that the accident occurred at work.
2. DO NOT give a statement (written or verbal) to anyone from the railroad — and sign nothing. Seek legal advice first! Give your supervisor the facts of the accident, but do not volunteer any information. Never let the supervisor answer questions for you. Request and read the accident report BEFORE you sign it.
3. Write down the names of witnesses and the circumstances of the accident before any details are forgotten.
4. Obtain photographs of the accident scene as soon as possible. The longer you wait, the greater the chance of the defective equipment being removed and the unsafe conditions remedied.
5. Contact your Union Representative and inform him/her of your injury.
6. Get immediate medical attention. Please explain your job description to your treating physicians. Make certain that the doctor understands how your job duties relate to your injured body parts, which are the basis of your claim. You do not have to see a company doctor, as you maintain your legal right to choose your doctor and to keep your medical records private. Be sure to follow your doctor’s orders when deciding when you are ready to return to work.
7. Immediately contact an attorney who has experience handling FELA cases. The minute the railroad learns
that you have been injured, their teams of lawyers and claim agents begin their efforts to protect the interests of the railroad at your expense. You must protect yourself and your family by speaking to a FELA attorney who can help you obtain the maximum compensation for your suffering.
You must protect yourself and your family by speaking to a FELA attorney who can help you obtain the
maximum compensation for your suffering.
Your UNION can help you select an attorney who is an expert in FELA law, and who will handle your case on a contingency fee basis. This means that the attorney is paid only a percentage of the amount you are awarded. REMEMBER, the railroad cannot, under penalties of law, fire you for hiring an attorney. They may
discourage you from hiring one in order to protect their own interests, but you should exercise your legal right to representation.
What Happens After I’ve Established A Case Against the Railroad?
Will I have to go to court?
It depends on your individual case. It is a proven fact that the largest claims are won when a case is prepared for court, however, some cases are better settled out of court for a variety of reasons. Your attorney can advise you on all of your options after you have presented the facts of your case.
Where will my case be tried?
Your case can be tried in either a state court or a federal court; whichever suits your case best. Your attorney can advise you on the appropriate venue for your case. How much can I recover?
The amount of money you can collect is determined by many factors. Some of these are:
1. The seriousness of the injury/loss suffered.
2. Extent to which the railroad and its employees were
negligent.
3. Disfigurement or scarring that changed any part of
your appearance.
4. Pain and suffering you experience, now and in
the future.
5. Expenses for your medical care, now and in the future.
6. Lost wages, now and in the future.
The survivors of a worker who was killed can collect
damages based upon:
1. Pain and suffering experienced or witnessed before
the worker’s death.
2. Expenses for medical care and treatment.
3. Financial losses now and in the future, including:
10loss of care, attention, training, and guidance which
would have been given to minor children.
4. Loss of any retirement benefits survivors would have
received from the Railroad Retirement Board.
To learn more, view our free Railroad Injury E-book located at our website.
About the Author
Hannon & Palermo, P.C.
http://www.hannonandpalermo.com
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