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Straight
Track #271
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So They Claim …
Why Dealing With The
Railroad Isn’t In Your Best Interest
Gary Babiarz, Chief Investigator
Alan J. Fisher Attorney
Hoey & Farina
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"You don't need to talk to an attorney. Give me a chance
to take care of you."
If you have been injured on the railroad you probably have heard those
words. They are powerful words from the claim agent. Let's face it - any
one who is injured on the job wants to be "taken care of" by the company
he works for.
I grew up in Chicago and watched gangster movies about Al Capone and
Dillinger. When somebody said that he was going to ‘take care of you' it
wasn't a good thing. Being "taken care of" by the railroads may not be
in your best interest, either.
Before you decide to let the railroad's claim agent "take care of you"
you need to understand the Federal Employers' Liability Act (FELA) and
the role the claim agent plays.
Under the FELA, the railroad is not responsible for your injury unless
you can prove that:
- it negligently did or failed to do something that caused your injury;
- it knew or should have known about the condition that caused your
injury; and,
- your damages were the result of the railroad's negligence.
IMPORTANT FACTS
Just because the claim agent offers to take care of you doesn't mean the
railroad has admitted liability and owes you something under the FELA.
It doesn't mean the railroad will waive a formal investigation or not
put you under surveillance. It doesn't mean anything under the law.
All it means is that a claim agent hopes that you will trust him and he
will gain your confidence. Once the claim agent has that, he can then
really start to do his job. And, you must understand his job. His title
is Railroad Claim Agent - not Injured Employee's Claim Agent. The sole
purpose of a claim agent is to manage your claim in order to reduce the
amount of money the railroad might pay you. Once the claim agent has
your trust, he can then obtain your statement without the benefit of
counsel or with the understanding of the legal impact of each word you
say. He will try to make you financially dependent on him and direct
your medical treatment.
Claim agents know how to be friendly and are well trained railroad
employees who are very good at what they do. But make no mistake about
it, claim agents work for the railroad, not for you, the injured
railroad employee. Their job is to save the railroad money by paying you
less than your claim is worth, and in a best case scenario, pay you
nothing.
Think about it. Have you ever heard the biblical saying, "You can't
serve two masters?" How could a claim agent "take care of you" and his
employer at the same time? Do you think during the claim agent's yearly
job review it's going to be to his advantage if he paid you what your
claim is worth? His job is to save the railroad money!
Keep in mind, too, that the claim agent's authority does not come from
the railroad's labor relations department or human resources. The claim
agent's running orders come from the railroad's legal department. This
is the same legal department that handles defending the railroad against
your claim. It's kind of like letting the fox take care of the chickens.
Now some people might think, "What's the harm?" After all, "I have three
years to hire an attorney." Well if was just the three year statute
involved, giving the claim agent a chance might not be a bad idea. But
the truth is that there might be other statutes and notices involved
that may be less than three years. If you do not adhere to all
applicable statutes and notices, your case might be substantially harmed
or made worthless. Furthermore, claim agents look at the statute of
limitations differently than the injured employees. Claim agents know
that every day that they can keep you from obtaining legal counsel is
another day the evidence trail gets colder and their case gets better.
Witnesses' memories will fade, conditions that caused your injury will
change and evidence can get lost. Remember, under the law the burden of
proof is on you. The railroad only has to defend.
TEAM UP
Instead of going it alone, let the legal team of Hoey & Farina act as
your "claim agent." Our job, unlike the railroad's claim agent, is to
maximize the value of your claim, not diminish it. A member of our team
is available any time of the day, any day of the week at 888-425-1212 to
discuss your injury. We are available to explain how the facts
surrounding your case may help or hurt your claim under the FELA and to
offer you free legal advice.
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