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Straight
Track #269
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For A Limited Time
Only
Ron Pasquarella, Investigator
Alan J. Fisher, Attorney
Hoey & Farina
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Let's get right to the point - the Federal Employers'
Liability Act (FELA) has a three (3) year statute of limitations. That
means, if you are injured at work, you have three (3) years from the
date of the accident, or when you should have known of your injury, in
which to file a lawsuit or settle your claim against your employer
railroad. If you do not file a lawsuit within that time limit, you are
forever barred from doing so.
Railroaders have called Hoey & Farina after dealing directly with
the claims agents on their own for almost three (3) years. “The claim
agent said he would extend the three year statute of limitations since
we hadn't reached a settlement.” I was a railroader and union officer
for over 40 years, and I still can't believe railroaders fall for this
line from the claim agent.
So here it is, perfectly clear, and please share this with your fellow
railroaders:
THE RAILROAD CAN NOT EXTEND THE STATUTE OF LIMITATIONS ON A FEDERAL
STATUTE!
I know it's hard to believe that the railroad would lie to you. Or,
that it would look out for its own interests over an injured employee's.
It is the hard truth!
Under FELA, you must prove the railroad was negligent in causing your
injury in order to recover financially. You are not covered under
workers' compensation. It's a whole different playing field. When you
are injured, it's you against the railroad. The railroad will do
whatever it can to defeat you. The best way it can do that is by
controlling the injured employee, keeping the injured employee
misinformed or uninformed – until it's too late.
I'm sure some of you reading this and thinking, “Well, ‘Joe' was injured
last year and the railroad took real good care of him. The railroad gave
him a huge settlement and he didn't need an attorney. Joe's completely
happy with the railroad. What the heck are you talking about?”
Here's what we're talking about. The railroad uses tactics to keep
you misinformed and uninformed.
KEEP INJURED EMPLOYEES AWAY FROM LAWYERS
Everyone once in a while, especially if it can use this ploy with a
union officer, the railroad will offer a significant settlement directly
to an injured employee. The railroad knows this employee will in turn
tell everyone he works with how great the railroad is and that they
don't need to talk to or hire a lawyer. The injured railroader
should just work with the claim agent and settle directly with the
railroad.
What the employees don't know is that this is a tactic to keep future
injured employees under the railroad's control. Employees see an
illusion at first, and the truth becomes clear only after they've
been railroaded.
KEEP INJURED EMPLOYEE AWAY FROM LAWYERS
The railroad will harass an injured employee and make an example out of
him. For instance, the railroad will persuade an injured employee not to
file an accident report if the employee is ‘not feeling too bad.' A day
or two later when the employee asks to fill out an accident report
because he's hurting and needs to see a doctor, the railroad will charge
the employee for “filing a late report” or “falsification of an injury
report”.
The employee then has to endure a couple of years without a job / income
while waiting for arbitration. If the employee wins at arbitration, the
railroad will delay the employee going back to work as long as possible
through drug testing, re-qualifying, etc. Or, the railroad will simply
refuse to allow the employee to return to work. The employee will have
to wait while attempting to get a court order enforcing the arbitration
award against the railroad.
The result - everyone talks about what happened to ‘Joe.' Employees are
afraid to report an injury, to talk with an attorney, to take any steps
to protect their rights, their future. No one wants to go through what
‘Joe' went through. Railroaders are reluctant to pursue their rights and
then do nothing. Whether employees are misinformed or intimidated, the
railroad wins.
COMMON SENSE
People think of common sense as something everyone knows. Perhaps a
better description would be - what everyone should know. For
railroaders, common sense should be that railroads lie to protect their
own interests. Information needs to get out to railroaders that they are
covered under FELA and not workers' compensation. The word needs to get
out to railroaders that there is a three (3) year statute of limitations
on FELA cases.
Railroaders need to stand united. If you are injured at work, report it.
If you are harassed at work, report it. If there are unsafe conditions
or equipment at work, report it. Do it for your own benefit, for your
family and for your fellow employees. You have rights and you have legal
counsel to help you protect your rights.
If you suffer an on-the-job injury, don't wait until it's too late -
call Hoey & Farina immediately
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