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Straight
Track #26
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II: How Much Is My Case Worth? J. Dillon
Hoey
Hoey & Farina Partner
1-888-425-1212 As a follow up to last week’s edition of Straight
Track, "How Much is My Case Worth?"
we want to share with you a section of the United Transportation Union's
pamphlet, How to Protect Your Rights When Injured on the Job (April
1996) that relates to this
issue and to all crafts. |
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HOW
TO PROTECT YOUR RIGHTS
WHEN INJURED ON THE JOB
THE LAW SAYS...
Negligence
Cases of injuries to railroad workers are governed by
a law passed by Congress called the Federal Employers' Liability Act (FELA).
Under this law you are not entitled to be paid by the railroad for
your injury merely because you were injured on the job.
In order to collect a claim there must be evidence that the injury
was caused, in whole or in part, by fault or negligence on the part of the
railroad, or through negligence in failing to furnish a reasonably safe
place or equipment for work.
Under the Federal Safety Appliance Act railroads are
responsible without proof of negligence for injuries caused by their
failure to furnish automatic couplers, secure grabirons, ladders and
steps, and efficient hand brakes and air brakes.
Under the Federal Boiler Inspection Act railroads are responsible
without proof of negligence for injuries caused by their failure to
provide locomotives which are in proper condition and safe to operate.
How Much?
Under FELA, rail workers are entitled, if they
choose, to go to court and have a jury decide whether they are entitled to
compensation and, if so, how much. In
case of injury caused in whole or in part by railroad fault or negligence,
workers are entitled to compensation for past and future wage losses, pain
and suffering, and medical expense. In
case of death caused in whole or in part by the railroad's fault or
negligence, the worker's family members may be entitled to compensation
for their financial losses, loss of services of the deceased, and for any
conscious pain and suffering of the deceased.
Fault or negligence on the part of the worker does
not entirely defeat the claim, but under FELA damages are reduced in the
proportion that the fault of the worker bears to the total fault of the
railroad and worker combined. In
cases of injuries caused by a railroad's violation of the Safety Appliance
Act or Boiler Inspection Act, fault or negligence on the part of the
worker does not reduce the amount of compensation.
Workers usually have the choice of the court and the
place to sue. The Statute of
Limitations requires that you settle your claim or file suit against the
railroad within three years from the date of your accident.
If you fail to do so, your claim may be barred forever.
Claims based on hearing loss, or occupational
disease, or injuries due to substances, such as asbestos, may present
complex questions because you cannot identify the exact date of injury or
the date from which to compute the statue of limitations.
In reference to occupational diseases such as hearing loss, etc.,
three years runs from the date you know, or should have known in the
exercise of ordinary care, that you have an impairment and the probable
cause of that impairment. However,
you should not let the three-year limitation get close before seeking
advice from Designated Legal Counsel.
When workers are represented by competent counsel,
and their cases are thoroughly prepared for trial, the vast majority are
settled fairly before going to trial.
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