“I’m really sorry to hear about your injury. Let’s do what we can to get things taken care of. I can get those bills taken care of and hopefully get my boss to approve cash advances while you are out. I just need to get your version of what happened recorded so I can make the case for why we need to help you out.” 

Contractors are a necessary evil on almost any railroad.  From Sperry inspections to snow plowing, tree trimming to crew transport, they’re everywhere. But with so many people doing their jobs in close quarters, especially non-railroad savvy workers, the odds of an injury go up as the contractors move in.

That was the case one rainy afternoon when my client, a longtime deputy chief, was walking in the lobby of the corporate headquarters. The facility is known for its marble floors, which while ornate, also become dangerously slick when wet. The railroad has a contractor in charge of rolling out rubber mats near the entrances and in common areas during inclement weather so visitors to the headquarters can dry their feet, maintain traction and avoid dripping their umbrellas and raincoats all over the floor.

On this particular day, the contractor didn’t do its job. The chief lost his footing and fell hard on his back, leaving him with injuries he’ll feel for the rest of his life. A surveillance camera caught the whole incident on tape. (yes, tape, the case was several years ago)

When a client asks me, ‘When does the railroad have to pay after trial?” I have to say, “It depends, because the fight isn’t over after the verdict.”

You’ve probably seen this yourself. You hear your buddy won a couple of million suing the railroad, but he hasn’t seen a dime yet. Most think that once the jury has spoken, the railroad has to pay up. Wrong. In fact, that is where the railroads really excel, because they enter into a starvation mode, where their financial resources come to bear in an effort to starve you out.

Here’s how:

There are generally two additional bites at the apple after a successful verdict. Take my client with a devastating eye injury. He was awarded $3.75 million dollars and hasn’t seen a penny.

Portland, Maine -- A New England railroad worker was awarded $400,000 in June when a federal jury ruled that the railroad had fired him illegally after he voiced safety concerns at a jobsite.