If you get hurt in a train yard in Kentucky can a lawyer in New York represent you? He sure can. And in fact, the best lawyer for a rail worker’s injury is likely out-of-state.
If you get hurt in a train yard in Kentucky can a lawyer in New York represent you? He sure can. And in fact, the best lawyer for a rail worker’s injury is likely out-of-state.
Topics: Checklist for hiring railroad lawyer, Basic steps to filing a fela lawsuit, whistleblower, FELA v Workers' Comp, FELA recovery, FELA injury
When 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?”
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.
Topics: injured passengers, NJ Transit, Hoboken crash 2016
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.
Topics: LIRR, FELA recovery, lost wages, FELA injury, wage loss calculator, trials, finger injury
What 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.
Topics: how to file your own injury claim, FELA injury, Medical forms
It 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.
Topics: Railroad safety issues, whistleblower, reporting safety concerns
Are 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.
Topics: FAQs on the job injuries
You’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.
Topics: FAQs on the job injuries, Basic steps to filing a fela lawsuit, whistleblower, FELA injury
“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).
Topics: FAQs on the job injuries, FELA injury, settlements
Under 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.
Topics: FAQs on the job injuries, Railroad safety issues, FELA injury
