FELA. Protect Yourself and Your Family When Injured on the Job. Philadelphia Boston New York. Union Designated FELA Counsel

Transcription

1 FELA Protect Yourself and Your Family When Injured on the Job Philadelphia Boston New York Union Designated FELA Counsel asd

2 Table of Contents Federal Employers Liability Act Protect Yourself Always Be Prepared Railroad Retirement Benefits MyersLafferty Law Office, P.C Important Contacts Union Designated FELA Counsel MyersLafferty Law Offices is providing this handbook to advise you and your family of your rights and remedies under the Federal Employer s Liability Act in the event you are injured on the job. This book represents an overview of the applicable laws and procedures you need to be aware of, and is by no means a substitute for consultation with an attorney at MyersLafferty, P.C. In the event that you or a family member is injured on the job, please do not hesitate to contact a MyersLafferty attorney to ensure your rights are protected and that you are fully compensated under the law. Keep this handbook in a place that is readily accessible to you and your loved ones. Myers Lafferty Law Offices, P.C. MyersLafferty.com

3 -1- FEDERAL EMPLOYERS LIABILITY ACT FEDERAL EMPLOYERS LIABILITY ACT (FELA) In 1908 the US Congress enacted the FELA to provide fair treatment and compensation to railroaders injured or killed on the job. Railroaders are not entitled to recover no-fault workers compensation benefits for on-the-job injuries.to recover under the FELA the following conditions must exist: The railroad in question must be engaged in interstate commerce (almost all are). The accident/injury in question must be caused in some way by the negligence of the railroad. At the time of injury, the employee must be acting within the scope of his or her employment for the railroad. Scope can include your commute to work, or an overnight stay, etc., depending on the circumstances. ADDITIONAL STATUTES AND REGULATIONS In addition to the FELA, railroads are governed by the following statutes: SAFETY APPLIANCE ACT (SAA) The SAA holds the railroads liable for injuries caused by defective equipment such as broken couplers, unsecure grab irons, ladders or steps, and malfunctioning hand and air brakes. LOCOMOTIVE INSPECTION ACT (LIA) The LIA holds the railroads liable for injuries caused by certain defects and dangerous conditions on locomotives. Both SAA and LIA hold railroads liable regardless of railroad negligence

4 CODE OF FEDERAL REGULATIONS (CFR) In addition to the FELA, SAA and LIA, the Federal Railroad Administration has codified extensive regulations setting forth safety standards and procedures governing railroad equipment and operations. RECOVERY OF DAMAGES -2- The FELA, SAA and LIA give you the right to recover damages for: Past and future lost wages and benefits Past and future medical expenses incurred Pain and suffering Loss of life s pleasures Scarring or disfigurement ADDITIONAL POINTS TO CONSIDER Under the FELA, the statute of limitations is generally three years, which means a lawsuit must be filed within three years of the accident date. With occupational diseases or repetitive injuries such as asbestos exposure, carpal tunnel syndrome, etc., the statute of limitations is generally three years from the time the condition is diagnosed. In the event that a railroad and the employee are each partly at fault, the FELA is governed by contributory negligence. This means your award would be reduced by the percentage equal to the amount you contributed to the accident (i.e. if you were half at fault you d get half the amount awarded). Although the above laws and regulations were enacted to

5 ensure that railroaders and their families receive fair compensation for on-duty injuries, it is all too common for them to receive substantially less than they deserve. Frequently this happens because a railroader is not familiar with his or her rights as explained in this booklet. Experienced claim agents will exploit the unknowing railroader and attempt to settle cases for less than fair amounts. Under the FELA, you have the right to hire an attorney and have your case decided by a jury. You cannot be disciplined or fired for obtaining representation. The railroad has experienced attorneys working for them. So should you! PROTECT YOURSELF -3- Because the railroad must be at fault for a railroader to receive compensation for an on-the-job-injury, preserving evidence at the accident scene is critically important. Therefore, if you are hurt on the job, there are several steps you must take immediately to protect yourself. I. REPORT Immediately report your injury/accident to your supervisor. Not doing so could result in the railroad charging you with failure to report an accident, or worse, falsifying one. It is important to report ALL injuries, no matter how small or insignificant they may seem at the time. It is very common to wake up the morning after an accident feeling much worse than when you went to sleep the night before. II. NOTIFY Notify your doctor, family, union representative and attorney of the accident

6 -4- III. COMPLETE THE RAILROAD ACCIDENT REPORT Where required to do so, fill out an Accident Report. Do not sign the report unless you have read it completely. Obtain a copy for your records. 1 Read each question CAREFULLY. Questions, both written and those asked of you by a claim agent or company representative, are designed to help the railroad avoid liability. Keep this in mind at all times. 2 Don t let the railroad blame you. Make sure you note any defects or other fault of the railroad. Often, railroad workers become accustomed to conditions that are hazardous (i.e. hard to throw switches, uneven ballast, etc.) and begin to assume those are normal conditions simply because they are always there. Such conditions are unsafe under the FELA. 3 Do not sign anything other than the initial required report, and if required, a medical release. 4 Never give any additional statement regarding the accident, or speak with a claim agent without first contacting your union representative, and/or MyersLafferty. You have the right to have your union representative with you whenever you give the railroad a written or oral statement. IV. PRESERVE EVIDENCE The goal of the railroad is to pay as little as possible to injured employees. It is not unheard of for them to tamper with, destroy or lose evidence, and/or repair defective equipment or unsafe worksite conditions to interfere with your ability to prove your case against the railroad. Keeping that in mind, the following steps are crucial:

7 -5- PHOTOGRAPHS where permitted (if unsure, ask your union representative) take photographs of the accident scene or equipment as soon a possible. If you are incapacitated because of your injury, request that a buddy (see below) or your union representative perform this task. Take photos of your injuries as well. Keep all negatives. WITNESSES take down the names and contact information of all people at the scene of the accident. Also get the same information for all people you know who have knowledge of a defective condition related to the accident. DOCUMENT EVIDENCE take notes of everything including, but not limited to, weather conditions, work conditions/assignments, names of crew, date, time and location of the accident, doctors names and dates of appointments. Get copies of everything the railroad has and record all relevant post-accident information. V. SEEK MEDICAL TREATMENT Below are important things you should know regarding your medical treatment: NEVER PERMIT RAILROAD OFFICIALS/MANAGEMENT TO ACCOMPANY YOU INTO THE EXAM ROOM ON THE DAY OF THE ACCIDENT. They do not have a right to be there and you cannot be disciplined for refusing to allow them into the examination room. If you do permit them in, you are waiving your right to doctor-patient confidentiality. YOU HAVE A RIGHT TO SEEK TREATMENT BY YOUR OWN DOCTOR. You may be required to see a railroad physician periodically, but you have the right to receive treatment from a physician of your choosing. Railroad doctors, like claim agents, are paid by the railroad. Ask yourself: whose

8 interest are they likely to protect? Do not let the railroad control your medical care. IF YOU HAVE HAD ANY PRIOR INJURY TO ANY BODY PART INJURED ON THE DAY OF THE ACCIDENT, DISCLOSE IT TO YOUR DOCTOR AT ONCE. A seemingly innocent omission of a prior injury can have a devastating impact on the outcome of a case. Stating what you know creates a solid foundation for your case. We cannot stress this enough. DO NOT SIGN A MEDICAL RELEASE FORM WITHOUT FIRST OBTAINING LEGAL ADVICE. attorney. -6- VI. CONTACT MYERSLAFFERTY Why do you need an experienced attorney? Please consult a MyersLafferty 1 THE MOMENT YOU ARE INJURED YOUR INTERESTS ARE AT ODDS WITH THOSE OF THE RAILROAD. What s good for you is not usually good for them, and vice versa. The railroad protects itself the moment it becomes aware of your accident. So should you. 2 CLAIM AGENTS ARE NOT YOUR FRIENDS. A claim agents job is to obtain the lowest settlement possible. At first, they will appear to be friendly, sympathetic and helpful. DO NOT BE FOOLED. The best claim agents lull you into believing they have your best interest in mind. Remember, they work with management to help the railroad s lawyers prepare a case against you. You should have a team of experienced FELA lawyers and investigators working to prepare your case as well. 3 MOST LAWYERS DO NOT PRACTICE FELA LAW. You need one who does. Myers Lafferty, P.C. is a union designated FELA law firm with 30+ years of experience representing all crafts of railroaders.

9 -7- Injured workers or their families often fall prey on the one hand to persuasive claims adjusters eager to gain a quick and cheap settlement for their railroad employers, or on the other to lawyers not competent to try these lawsuits against the able railroad counsel or too willing to settle a case for a quick dollar. Justice Hugo L. Black United States Supreme Court, 1964 ALWAYS BE PREPARED CREATE A BUDDY SYSTEM In the event that you are unable to gather evidence after an accident, you should create a buddy list of trusted co-workers. These should be people who would be willing to help you collect evidence, and people you would be willing to help as well. KEEP A PEN AND NOTEBOOK IN YOUR WORK BAG AND/OR LOCKER. These are to be used to collect evidence in the event of an accident. KEEP A DISPOSABLE CAMERA IN YOU WORK BAG AND/OR LOCKER. A picture is worth a thousand words. Railroads frequently destroy, misplace and/or repair defective equipment or hazardous conditions after accidents to avoid liability. FILL OUT THE CONTACT SHEET AT THE END OF THIS PAMPHLET. family. Keep it for quick reference for you and your INSTRUCT YOUR FAMILY OF WHAT TO DO IN CASE YOU ARE INJURED OR INCAPACITATED. Provide them with this booklet and keep it in a safe place

10 -8- PREPARE A WILL, A LIVING WILL, AND A DURABLE POWER OF ATTORNEY. Doing so helps protect your loved ones if you are killed or severely incapacitated. RAILROAD RETIREMENT BENEFITS RAILROAD TEMPORARY SICKNESS BENEFITS If you are unable to work at your railroad position because you become sick or injured, you have the right to apply for temporary RRB sickness benefits. RRB benefits are paid on a bi-weekly basis. However, you must pay the RRB back from any settlement or award you win against the railroad. RRB DISABILITY PENSION If your injury permanently disables you from working, you may be entitled to receive a RRB disability pension. There are two types of long term disability pensions: TOTAL DISABILITY: You must have at least 10 years (120 months) of compensated service, and be permanently disabled from any regular work (not just your RR occupation). Compensation is based on the same standards used by the Social Security Administration. OCCUPATIONAL DISABILITY: You must have at least 20 years (240 months) of compensated service, and be permanently disabled from your regular railroad position. There is an exception to the 20-year requirement if you are at least 60 years old and have at least 10 years service with the railroad.

11 -9- MYERSLAFFERTY LAW OFFICES, P.C. There are many law firms out there. Why choose us? We are an aggressive, experienced, union designated FELA law firm, and have handled thousands of FELA claims against major interstate railroads. We consistently prepare and present the strongest case possible against the railroad to obtain the highest possible settlement or verdict. We have represented railroaders from every craft and on every major railroad on the eastern seaboard. We have defeated claims agents & lawyers in both state and federal courts, including the US Supreme Court. OUR MOTTO: CLIENTS COME FIRST At MyersLafferty, we understand that our firm cannot exist without you, our clients, and we consider it a privilege to represent you. We pledge to treat you and your family with the respect, courtesy and attentiveness you deserve. Personal service and attention to detail form the basis of our business, including the prompt return of phone calls. WE ARE COMMITTED TO WINNING MyersLafferty attorneys have won tens of millions of dollars for our clients, and have earned our reputation as tenacious and successful courtroom advocates. We pride ourselves on being trial lawyers and will not hesitate to bring a case to verdict should the railroad not offer fair compensation. WE DO NOT GET PAID UNLESS YOU GET PAID At MyersLafferty we work on a contingency basis, which means our payment is contingent upon your getting a settlement or winning at trial. We require no retainers. We charge no consultation fees. We demand no advance costs

12 -10- MyersLafferty fronts every dollar necessary to handle our cases. Quite literally, we do not get paid unless you get paid. UNION DESIGNATED FELA COUNSEL Myers Lafferty, P.C. is privileged to have been appointed as a union designated counsel with 30+ years experience representing all crafts of railroad workers. ACADEMY OF RAIL LABOR ATTORNEYS Bill Myers and Steve Lafferty are proud members of the Academy of Rail Labor Attorneys. ARLA is an organization dedicated to protecting the rights of railroad workers and their families under the FELA and to promoting safe working conditions. NON-RAILROAD CASES Although the majority of our cases involve the FELA, SAA and LIA we handle a vast array of legal matters, including personal injury cases, auto accidents, medical malpractice, and both product and premise liability. We pledge to treat your friends and loved ones as we would a railroader. If you know someone in need of representation, please ask him or her to contact us. We give you our word, they will be well taken care of.

13 IMPORTANT CONTACTS -11- MyersLafferty Law Offices, PC 1 (888) UNION REPRESENTATIVE Contact Name Phone Number FAMILY DOCTOR Contact Name Phone Number Health Insurance Contact Name Phone Number Life Insurance Contact Name Phone Number Disability Insurance Contact Name Phone Number Dentist Contact Name Phone Number

14 BUDDY LIST Remember, your buddies are trusted co-workers and friends that you can call on to preserve evidence in the event you are injured on the job to the point where you are unable to do so yourself. These should be people you can count on, and vice versa. Buddy Contact Name Phone Number Buddy Contact Name Phone Number Buddy Contact Name Phone Number Buddy Contact Name Phone Number Buddy -12- Contact Name Phone Number The material in this handout is for informational purposes only and does not constitute and should not be relied upon as legal advice. Each person s legal needs are unique, and these materials may not be applicable to your legal situation. No person should act or rely on any information in this handout without seeking the advice of an attorney. MyersLafferty does not offer any guarantee of case results. The amounts mentioned in this handout and on our Web site are representative of past verdicts and should not be viewed as an assurance of a particular result. Each case must stand on its own facts and circumstances. Copyright 2007 MyersLafferty Law Offices, P.C. All rights reserved.

15 To learn more about MyersLafferty and our winning verdicts visit our web site at or call us toll free at to speak directly with one of our attorneys or investigators.

16 Call MyersLafferty Law Offices, P.C. for legal advice involving: Asbestos Disease Carpal Tunnel Injuries Catastrophic Injuries Creosote Disease Diesel Fume Inhalation Fire and Explosions Industrial Accidents Machine Accidents Maritime Accidents/Jones Act Medical Malpractice Motor Vehicle Accidents Nursing Home Liability Premises Liability Railroad Accidents/FELA Sexual Harassment Unsafe and Defective Products Toll Free: Market Street, Suite 810, Philadelphia, PA asd Two Center Plaza, Suite 510, Boston, MA