| The men and women working on the
railroad are continually exposed to hazardous conditions.
Because railroading is a dangerous business, it is vitally
important that husbands and wives know what to do in
the event of an on the job injury.
IT IS CRITICAL THAT SPOUSES HAVE THE
PHONE NUMBERS OF THEIR LOCAL UNION REPRESENTATIVES ALONG
WITH DESIGNATED LEGAL COUNSEL’S PHONE NUMBERS.
Please print or request our bi-fold
cards so you are prepared in the event of an injury.
You should also view our free
17 minute DVD.
Please see our listing of important
questions below. Finding the answers to them as soon
as possible will be of great benefit to you and your
children in protecting your rights.
In the months and years to come, there
will be strong efforts by the railroads in our country
to abolish the Federal Employers’ Liability Act.
The reason the railroad will be working so hard in Washington
to abolish the Act is that they know that it is of great
benefit to railroad workers who are injured or to the
families of railroad workers who are killed. Elimination
of this Act would save the railroads untold amounts
of monies, but would work hardship on railroad workers
and their families, by deleting hard-earned rights and
remedies. Only by understanding the Federal Employers’
Liability Act and pursuing the rights and remedies contained
in the Act can railroad workers protect themselves.
Questions:
What if my husband
died and a claims agent for the railroad offers to settle
and wants me to sign a release. Do I?
Can a member of my husband's union help?
When should I see an attorney?
I have children and need money as soon
as possible to pay for my house and living expenses.
The claims agent offers me advances. Should I accept
the advances and not go to a lawyer?
I know I am entitled to a certain amount
from the company in the event of death. If they pay,
can I still sue?
I have signed a release with the claims
agent while under stress. Can I get out of this release?
My husband was in accident while away
from home. I have to travel out of state to be with
him at the hospital. Will the railroad pay for the cost
of my going to the accident scene to be near my husband?
What am I entitled to?
What do I do now?
Answers:
What if my
husband died and a claims agent for the railroad offers
to settle and wants me to sign a release. Do I?
Before you do anything after a tragedy,
you must be sure that you have fully recovered from
the shock and grief the will bring before you take any
action. Frequently, a claims agent and some attorney’s
representatives will want you to make decisions which
will affect the rest of your and your children’s
lives before you have had an opportunity to step back
and look at what has happened. Until you are sure that
you have your wits about you, you should not talk to
the claims agent.
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Can a member
of my husband's union help?
Absolutely. Most railroad workers have
insurance policies and other provisions in their union
contract which will assist the spouse and children in
the event of catastrophic injury or death. Your local
Union officers can help you apply for these monies and
work to protect your rights..
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When should
I see an attorney?
You should see an attorney who is experienced
with the Federal Employers’ Liability Act, the
law which is designed to protect railroad workers when
they are injured or killed on the job, as soon as you
feel that you can make wise rational choices. It is
important that you retain an attorney who is experienced
with the Federal Employers Liability Act as the attorney
will know where to go and how to preserve the evidence
which will be necessary to protect your and your children’s
rights. It will benefit you and your children to retain
an attorney as soon after the catastrophic event as
possible, as the attorney knows that the danger in losing
valuable and important evidence grows greater as time
passes. It is important that the attorney you select
has knowledge of how the railroad works and the duties
assigned to railroad employees. Your spouse’s
union has approved and designated certain law firms
as having the knowledge and experience necessary to
protect your rights.
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I have children
and need money as soon as possible to pay for my house
and living expenses. The claims agent offers me advances.
Should I accept the advances and not go to a lawyer?
Frequently, claims agents will tell
injured railroad workers or the spouses of deceased
railroad workers that they would love to help them out,
but can only do so if they have not hired an attorney
and if they will give a recorded statement. THIS IS
NOT TRUE. The railroad, if it wants to help out any
employee who is injured or the family of an employee
who has been killed.
Furthermore, there is no requirement
that an injured employee provide a statement other than
an accident report. These are means by which the claims
agent tries to get evidence for the railroad to defeat
your claim. It is the claim agent’s job to minimize
the railroads liability. The railroad will make an advance
if it is a good business decision—just as when
they furlough people. Although having money quickly
from the claims agent can help in the short run, the
potential of losing important facts and evidence in
your case is great. The railroad advances money to minimize
their liability and also allow evidence to be lost and
witnesses’ memories to fade. You and your families
will need that evidence and those witnesses to protect
your rights. Do not, for any reason, give a statement,
either taped, oral or written, about the accident to
the claims agent. Furthermore, never discuss family
matters or problems with the railroad. If the claims
agent approaches you about these subjects, contact an
attorney.
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I know I am
entitled to a certain amount from the company in the
event of death. If they pay, can I still sue?
The monies to which you are entitled
are the result of insurance policies, the collective
bargaining agreement or the Railroad Retirement Board.
These monies are earned through employment and do not
come from the railroad. This means that you may still
collect those monies and sue the railroad. However,
if you accept money directly from the railroad and you
sign a release, it will prevent you from suing. It is
important to understand the difference.
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I have signed
a release with the claims agent while under stress.
Can I get out of this release?
The answer to this question depends
on the facts involved in your signing the release. If
it can be shown that you did not understand the circumstances
surrounding the injury or death, did not understand
the significance of the injuries (if there is no death),
or signed because of false or concealed statements by
the claims agents or doctors, a good attorney should
be able to get you out of the release. This, however,
is very difficult. O f course, the best procedure is
to not sign in the first place until you have fully
recovered your emotional and mental faculties and had
an opportunity to consult with a lawyer.
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My husband was
in accident while away from home. I have to travel out
of state to be with him at the hospital. Will the railroad
pay for the cost of my going to the accident scene to
be near my husband?
The railroad is not obligated to pay
these costs. Sometimes the claims agent will offer to
“put you up” and, in so doing, will try
to control you and your claim. Again, this is a ploy
to prevent early investigation of the accident scene
and to procure necessary witness statements. The money
which you are out of pocket can eventually become an
element of damage in your lawsuit and can be recovered
through trial. If you need money in the event your husband
is involved in an accident away from home, first look
to family and friends for support. If there are problems,
contact an attorney.
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What am I entitled
to?
This is a difficult question and cannot
be answered at the time of a catastrophe. Any claims
agent or attorney who tells you what your case is worth
or what he can get for you immediately after the time
of the catastrophe is not giving you a straight answer.
A case may only be fully evaluated after all of the
facts and circumstances surrounding the event have been
discovered, medical records have been evaluated, and
the present value of future losses is ascertained.
Under the Federal Employers Liability
Act, negligence must be proven. This means that there
must be facts sufficient to support a claim that the
railroad or one of its agents or employees did something
wrong, or failed to do something that should have been
done, Included in this area are unsafe tools, equipment
and property as well as the failure to institute and
oversee proper safety procedures. Then it must be shown
that the act or omission played any part, even the smallest,
in bringing about the injuries or death. Also, the actions
of the injured or deceased railroad worker have to be
evaluated to determine whether he or she was responsible
in any way for the injury or death.
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What do I do
now?
Only after the questions are answered
can a thorough evaluation of the value of the case be
made.
There are special laws which apply
if your spouse was injured or killed as a result of
a defect of an engine or a defect in the train’s
safety appliances. These laws the Locomotive Inspection
Act and Safety Appliance Act must be thoroughly evaluated.
There are some things which you must know in order to
make good decisions. As soon as possible, find out the
answers to the questions listed below:
- Where did the accident happen?
- What time did the accident happen?
- Who was with my husband at the time the accident
happened?
- Did anyone else see the accident?
- What happened?
These are important questions and
finding the answers to them as soon as possible will
be of great benefit to you and your children in protecting
your rights.
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