FELAattorney's Blog | Exploring the rights and issues of railroad workers and rail passengers

The NJ Transit Hoboken Fatality Could Have Been Prevented

Posted by Marc Wietzke on Sep 30, 2016 4:31:04 PM

NJ-transit-hoboken-2016-train-accidentWhen all you do for a living is sue passenger railroads like NJ Transit and freight carriers like CSX and NS, the calls start coming from clients and friends alike as soon as something like the Hoboken crash hits the news.  Everyone asks me “What happened?”

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Topics: Passenger railroad injuries, Hoboken crash 2016

Hoboken Train Victims, Here's How to File A Claim Against NJ Transit [FORM DOWNLOAD]

Posted by Marc Wietzke on Sep 30, 2016 4:26:47 PM

NJ-transit-hoboken-crash-2016

If you were injured in the Hoboken NJ Transit crash on train #1614, you now have 89 days to file a claim or be forever barred from any recovery. Here is the way to do it.

NJ Transit is a public entity as defined in N.J.S.A. 59:1-3.  Title 59, known as the New Jersey Tort Claims Act, is the controlling authority for how to proceed in an action for personal injury against a public entity. If you were injured on public property or by a public entity or public employee, i.e. on Train #1614, you MUST file a Notice of Tort Claim against that entity.

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Topics: injured passengers, NJ Transit, Hoboken crash 2016

What Does A $2 Million Finger Injury Case Look Like?

Posted by Marc Wietzke on Jun 21, 2016 9:30:00 AM

 

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Brian is a 31 year-old LIRR electrician. Or at least he was until a portion of his ring finger on his right hand was severed in an on-the-job accident. He sued the railroad and after less than three days of trial, a jury awarded him almost $2 million for his injury and wage loss.

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Topics: LIRR, FELA recovery, lost wages, FELA injury, wage loss calculator, trials, finger injury

The One Medical Form You Need After A Railroad Injury [DR. FORM DOWNLOAD]

Posted by Marc Wietzke on Jun 7, 2016 6:00:00 AM

free-medical-form-for-injured-railroad-workers.jpgWhat should I ask my doctor? How do I remember what my doctor told me? How do I tell the railroad what my doctor said?

Every week I get similar questions relating to the three-way conversation among your doctor, the railroad and you.  It is a critical conversation that can have effects not just on the value of your case, but also on whether you have a case at all. To help with that conversation, and particularly because it is an area so foreign to most railroaders, I am making this form available for your download and use. 

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Topics: how to file your own injury claim, FELA injury, Medical forms

Is it just me, or are you dangerously tired too?

Posted by Marc Wietzke on Mar 24, 2016 9:00:00 AM

CSX_railroad_on_job_injury_FELA.jpgIt isn’t like we haven’t all heard from our elders how we need more sleep. And our significant others have politely tried to tell us how haggard we look.  We have noticed our short tempers, faulty memory and absent-mindedness when tired.  The truth is poor sleep habits are the norm today. But on the railroad it isn’t just making people cranky, it’s setting the table for dangerous work habits.

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Topics: Railroad safety issues, whistleblower, reporting safety concerns

What Is a Defense Medical Examination? (And what should I say when I’m there?)

Posted by Marc Wietzke on Mar 3, 2016 6:00:00 AM

what-is-a-defense-medical-exam.jpgAre you facing a Defense Medical Examination?


Also known as a DME, it’s a physical exam conducted of you, the plaintiff and injured railroad worker, by a doctor of the railroad's choosing for the purpose of helping the railroad defend against your claim.

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Topics: FAQs on the job injuries

Taking Your Railroad Injury to Court? Here Are Your FAQs

Posted by Marc Wietzke on Feb 25, 2016 9:00:00 AM


railroad-worker-injury-lawsuit-faqsYou’ve heard me say that every case is unique, but there are some very common (and legitimate questions) that my office fields from clients and prospective clients every week. Railroad workers, some with FELA cases and others who are whistleblowers, have questions about forms, doctors, court appearances, and most of all, why it’s all taking so long. The answers to many of these questions are standard across all kinds of railroad cases and you can get them here today, without having to make a call to your lawyer.

Here are 10 of the most often asked questions about FELA and whistleblower cases:

 

 

Can I get a status update on my case?

 

There is one thing you can count on in your case against the railroad – it will take longer than you expect to resolve it. This will undoubtedly be the hardest part of the process for you. There will be times when you feel like you haven’t heard from your attorney in ages and you’ll think, Is anything happening?

The reasons lawsuits don’t move as fast as we would all like are numerous, everything from backed up court docket to vacation schedules to the doctor delaying the production of medical records. However, you can always call your lawyer’s office to get an update.

Workers with pending cases have many questions about the timing of each step of their lawsuit. How long should I wait to make a settlement demand? How long will my case take from filing to verdict? You can find those answers and more in this blog, How Long Does A Railroad Trial Last? 10 Lawsuit Questions Answered

 

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Topics: FAQs on the job injuries, Basic steps to filing a fela lawsuit, whistleblower, FELA injury

Lowball Offers And Other Things To Expect From The Railroad Claims Dept

Posted by Marc Wietzke on Feb 19, 2016 9:30:00 AM

CSX-yard-553634-edited.jpg“I slipped on ice on an unsalted walkway on my way into work. (The parking lot had been cleared, as had the sidewalks, but the walkway in the parking lot itself was not treated).  Thankfully, my only injury is a bruised bone in my elbow and bursitis in my shoulder. I have been off a week and expect to be off another.  The claim agent did call me. I told him I suspected I would be back in a week or so and he told me to call him when I return and we can discuss my claim.  What can I expect? I don't think I need an attorney as it is a relatively minor injury; but I don't want to shoot myself in the foot either.” – Dispatcher, name withheld

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Topics: FAQs on the job injuries, FELA injury, settlements

Top 5 Defenses The Railroad Uses in FELA Liability Cases

Posted by Marc Wietzke on Feb 4, 2016 1:32:13 PM

CSX-Selkirk-Yard-FELA-injuryUnder the FELA the railroad is required to provide a reasonably safe place to work, which includes providing reasonably safe tools and following reasonably safe procedures and methods for doing work.

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Topics: FAQs on the job injuries, Railroad safety issues, FELA injury

How Much Can One Body Take? Compound Railroad Injuries Could End Your Career

Posted by Marc Wietzke on Jan 26, 2016 6:00:00 AM

Metro North Grand Central Station $2.4 million railroad worker settlementFrank was a plumber for 10 years with Metro-North Railroad.

He spent all but six months of his career working in the railroad’s Grand Central Terminal, but not upstairs in the pretty part. No, Frank worked in the bowels of the facility, ensuring that the ancient massive intricate HVAC systems remained operational.

It was his second career and looked to be a promising one to which he brought a wealth of knowledge and a can-do attitude that lead all of his supervisors to recommend him for supervisory positions.

But thanks to three avoidable on-the-job injuries, Frank will never work for the railroad again. In today’s post I’ll show you how a series of typical injuries lead the railroad to determine he was unfit for work and begrudgingly agreed to pay $2.4 million to make up for his loss of career.

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Topics: FELA injury, Multiple injuries

 

ATTORNEY ADVERTISING. Prior results don’t guarantee a similar outcome in your claim. This website and blog are for informational purposes and do not constitute legal advice, since only after knowing the details of your claim can any advice be provided. Please understand that particular laws vary by state. You must speak directly with an attorney about your situation to determine what laws apply.