Can You Trust Railroad Claims Departments?

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Railroad workers injured on the job are not subject to regular state workers’ compensation laws. Instead, the Federal Employers’ Liability Act (FELA) provides the means by which railroad employees injured at work can recover compensation. 

FELA claims are different from regular workers’ compensation claims. They can be more difficult to prove, and a successful claim can lead to a recovery much larger than the scheduled payments given in workers’ compensation cases.

Railroad companies are well aware of the potential for huge liability losses and devote considerable effort to minimizing exposure. Any injury case will be referred by the railroad management to their railroad claims department, whose sole function is to deny claims or to minimize the payment of those claims which cannot be completely avoided.

 

Railroad Claims Department

 

The railroad, as the employer, has powerful advantages over the worker in a FELA claim. At all times, the railroad has access to the work record of the employee, including any record of previous health issues, disciplinary issues, or accidents. The railroad can and will use that information to its best advantage in disposing of any claims.

The railroad has deep pockets, meaning it has the cash and the time to resist any claim and appeal it through the court system.

Each railroad maintains a claims department to deal with the claims of injured workers. The office is well-versed in railroad injury law and maintains contact with specialized lawyers and expert medical witnesses to help disprove and deny FELA claims.

 

Railroad Claim Agent

 

Within the railroad claims department, case files are assigned to individuals known as railroad claims agents. The claims agent performs the same work as an insurance adjuster. The claims agent will gather information about the workplace accident from the injured employee, witnesses, and other sources.

The goal of the claims agent is to reduce the amount awarded to an injured employee to the lowest amount possible, which could be nothing at all. An offer of no money is possible because FELA, unlike workers’ compensation, requires some finding of negligence on the part of the railroad. 

However, it’s not necessarily the case that the railroad pays nothing to the injured railroad worker if the claims agent can successfully build a case showing no negligence in a railroad accident. Under FELA, the railroad isn’t automatically liable for the worker’s injuries simply because the injury occurred while on the job.

Further, the railroad, and its attorneys, have an excellent grasp of all the claims that have been filed in the past. They’re very capable of analyzing the value of a claim and of recognizing which claims will result in substantial awards of damages against them if pressed to a conclusion. In such cases, the goal of the railroad claims agent is to negotiate a settlement of the claim, paying a fraction of what it might be worth at trial.

The recent nationwide labor negotiation in late 2022, which nearly led to a strike, and which had to be settled by Congressional intervention, shows that the railroads don’t have the best interests of employees at heart. In the same fashion, a railroad company’s claims agent doesn’t have the best interest of the injured worker. 

Like that of the insurance adjuster, their task is to pay nothing if possible. Such a goal is diametrically opposed to that of the worker, and the claims agent should not be trusted.

 

You Should Seek a FELA Attorney To Help With Your Claim

 

If you or a loved one have been injured in a railroad workplace accident, you should consult with a skilled FELA attorney. A railroad injury lawyer can help you evaluate the value of your claim and present it in the best way possible to the railroad claims department or to court if negotiations break down.

FELA railroad injury claims are specialized and complex. Not all personal injury or workers’ compensation lawyers handle railroad employee injuries because of the unique nature of the case.

Cahill & Perry, P.C. has a dedicated team of attorneys and professional legal staff to handle a FELA claim from start to finish. We have over four decades of experience representing workers against the railroad. Expect that we will handle your case efficiently and with care and compassion. 

Call us today for an appointment to discuss your case.