It seemed like a straightforward claim. An on-the-job slip and fall between railroad ties that were missing 16 inches of ballast resulted in a low back injury. Five weeks of physical therapy and a prescription for anti-inflammatories and pain medication, and the employee was ready to try to work again.
Where you go to trial isn’t as simple as the court nearest to where you live. Lawsuit locations are influenced by several factors and, this might surprise you, your FELA attorney actually has a say in which court you land. And if your lawyer is strategic, that location could improve your outcome.
If you’re like most railroad workers, you’ve never had your deposition taken. Depositions are a key component of the legal process. This is where a lot of the surrounding facts concerning your lawsuit will be revealed.
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.
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.
How long do I have to file my case? Am I too late to file a claim with OSHA? Does my initial charge letter and the denial of my appeal give me different filing dates?
Every week I get these questions from railroad workers looking to sue their carrier. So here are not only the answers, but also a calculator so you can figure it out for yourself.
First, your injury claim must be filed within three years of when you knew or should have known that you had a work-related injury. In most instances, that means the date you got hurt. But there are other times where the beginning date might get fuzzy.
You probably know that your carrier pays workers that were injured on the job as a result of the carrier’s negligence. But what if the accident or injury was a little bit your fault?
Today we’ll explore why workers can still recover for their injuries, even when their own action was partly to blame.
If you’ve been following the blog, you know that as soon as you get hurt at work, the company springs to life to mitigate your claim, and may even do some tricky things behind your back.
Today we’re going to cover another danger – an attacker – and how the law can protect workers
This popped up in the news recently when a passenger reportedly pulled a knife on a NJ Transit conductor. Thankfully the incident didn’t result in injuries, but the dangers train workers face from the public is real, and not new. (Railroad Worker's United keeps track of railroaders killed in the line of duty, which you can see here.) I represented another conductor a few years ago on NJT, also North Jersey Coast Line, who was jumped by a passenger. In all cases, it's the carrier’s responsibility to provide reasonable protection against dangers of which it knew or should have known.
Whether an injured worker suing the railroad for negligence or a whistleblower suing the company for retaliation after reporting a safety hazard, my clients always ask, “Should I settle?” There is no hard and fast formula when facing a legal battle. There’s a balance of risk and reward involved in every case. The key to any battle, of course, is knowing when to accept the other side's surrender.
In this post I’ll answer some of the commonly asked questions about settling versus holding out for a jury verdict, to help you understand the best course of action for you.
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.