Questions:
What should I do if
I am injured?
What is my FELA case worth?
What is the FELA?
Do I need an attorney for my FELA case?
Will I be disciplined for hiring an
FELA attorney?
How much time do I have to file my FELA
lawsuit?
How long does it take to resolve my
FELA claim?
Is my claim more valuable if I hire
an FELA attorney?
Do I have to give a statement?
Do I have to fill out an accident report?
Should I accept monetary advances from
the railroad?
What are weekly work meetings?
What information do I need to provide
the railroad?
Answers:
What should
I do if I am injured?
If you are injured, your first priority
must be to obtain the best medical treatment from doctors
of your own choosing. The railroad will try to steer
you to a work clinic or industrial facility. If you cannot drive, you can insist that the railroad take you to the facility of YOUR choice. See our section on "You
and Your Doctor."
When you are able, you must immediately
contact your local union representatives and designated
legal counsel for necessary and valuable advice regarding your rights
under your collective bargaining agreement and the FELA.
See our section on "If
You Are Injured."
You do not have to fill out an accident
report until you are of sound body and mind. DO NOT
ALLOW THE CLAIMS AGENT TO PRESSURE YOU TO FILL OUT THE
REPORT WHILE YOU ARE IN PAIN, SHOCK, OR UNDER THE INFLUENCE
OF MEDICATION. Agree to fill out the report when you
are in better condition. See our section on "Accident
Reports."
Do not give a recorded or written statement
to the railroad. The injured party is not required to give a statement
under any rule or law. Statements are of such legal
significance that you should always consult your union
representatives and designated legal counsel.
THE RAILROAD CAN AND WILL USE ALL STATEMENTS AGAINST YOU.
If possible, note any defects, practices,
maintenance, and other errors which contributed to your
injuries. It is almost always the case that the railroad
failed to do something it should have done, or did something
it should not have done when an injury occurs. If possible,
take pictures with your cell phone of any conditions that contributed to
your injuries. You cannot count on the railroad to preserve
evidence. See our section on "If
You Are Injured."
Also see our section on past "Destruction
of Evidence" in railroad cases.
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What is my FELA
case worth?
This is an important question for you
to ask your attorney, but you should be leary of any
attorney who provides you an answer before he has fully
analyzed your case. It is impossible to give a current
or potential client an honest answer to this question
without a detailed interview with the client, a review
of the facts surrounding the accident, an analysis of
the state and federal laws at issue, and a full understanding
of the medical history and prognosis.
Your own credibility, the negligence
of the railroad, and the extent of your injuries are
all factors that contribute to the value of your case.
These details rise to the surface as your case progresses.
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What is the
FELA?
The Federal Employers Liability Act
was passed by Congress in 1908, for the purpose of providing
compensation and protective rights to railroad employees
who are injured on the job. It enables injured employees
to bring claims directly against the railroad damages
when it can be shown that the railroad negligently caused
the injury. See our section on the "FELA."
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Do I need an
attorney for my FELA case?
It is our experience that the railroad
will take your claim more seriously if you have retained
an attorney. Although not all cases require an attorney,
you should contact designated legal counsel, including
Hildebrand McLeod & Nelson, Inc. if you are injured
while working on the railroad. We will provide a consultation
free of charge.
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Will I be disciplined
for hiring an FELA attorney?
No. The railroad cannot discipline
you for hiring an attorney. Stand strong against company
intimidation and contact designated legal counsel and
your local union representatives if you are injured.
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How much time
do I have to file my FELA lawsuit?
You have three years to bring a lawsuit
under the FELA. If you are suffering a cumulative trauma
injury, you must be particularly aware of this limitation.
See our section on "Cumulative
Trauma" injuries."
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How long does
it take to resolve my FELA claim?
This depends on a variety of factors
including your injuries, continuing treatment, the complexity
of the case, and the availability of the court system.
We try to process cases as quickly as possible with
the maximization of your claim in mind. Where trial
is required, cases may take longer to resolve.
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Is my claim
more valuable if I hire an FELA attorney?
It is our experience and statistics
will confirm that injured railroad employees recover
significantly more if they retain designated legal counsel.
Experienced FELA
attorneys, such as those at Hildebrand McLeod &
Nelson, Inc. add value to your claim because they have
experience standing up to the railroad, investigating
claims, and can debunk "defenses" many railroad which other attorneys might believe.
There are exceptions to this premise,
but you can be sure that the claims agents working for
the railroad are not making it a priority to maximize
your claim.
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Do I have to
give a statement?
No. You are under no obligation under
any law or rule to provide a written or oral statement
(except the accident report) to the railroad in the
event you are injured, and you should absolutely refuse
to do so until you have been counseled by designated
legal counsel and your union representatives and they suggest you give a statement if there is a special reason to do so. See our
section on "Accident
Reports."
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Do I have to
fill out an accident report?
Yes - HOWEVER - You do not have to
fill out an accident report until you are of sound body
and mind. DO NOT ALLOW THE CLAIMS AGENT TO PRESSURE
YOU TO FILL OUT THE REPORT WHILE YOU ARE IN PAIN, SHOCK,
OR UNDER THE INFLUENCE OF MEDICATION. Agree to fill
out the report when you are in better condition. See
our section on "Accident
Reports."
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Should I accept
monetary advances from the railroad?
It depends. You must remember that
nothing is free. If the railroad provides advances,
they will demand repayment when you resolve your case
and they maintain a lien to that effect.
Claims agents will demand that you give a statement before any advances are to begin. In the statement they will try to create evidence to which they will use to limit or defeat your recovery.
It is also our experience that the
railroad often "tapers off" advances in order
to put a squeeze on an injured railroad employee to
pressure a settlement. If you are able to make due on
other sources of income while you are off injured, we
recommend you do so to remain financially independent
of the claims department.
We have always urged railroad employees
to make sure they have appropriate disability insurance
at all times. Financial independence will free you to
make appropriate legal decisions. Contact your union
for a list of appropriate providers.
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What are weekly
work meetings?
Some railroads have programs that mandate
"weekly meetings" for injured employees. It
is our experience that these meetings are used to unlawfully
gather information from clients outside the context
of their FELA claims. We know of some occasions where
the railroad went so far as to have railroad claims
agents present to question clients about information
relevant to their FELA cases.
We have recently had success in stopping
the railroad from conducting these practices. See our
section on "Weekly
Meetings."
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What medical
information do I need to provide the railroad?
You need to provide regular medical
updates to the railroad. The railroad cannot harass
you and your doctor by requiring excessive and extensive
reports. That is, a rule of thumb is to provide the
railroad with a single sheet medical progress report
once a month or so, as you are presenting to your treating
doctor. For more detailed information, see our section
on "You and Your Doctor."
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