Should I Offer a Statement If the Claims Person Requests It?

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The railroad industry usually involves complex, heavy machinery in cramped spaces. That makes workers more susceptible to injuries like cumulative trauma and repetitive stress injuries. As a railroad worker, it is essential to remember that the Federal Employers Liability Act guarantees compensation if you prove employer negligence. 

However, immediately after the injury, the railroad company will send a claim agent to talk to you. That raises the question, “Should I offer a statement if the claims person requests it?” Read on to learn everything you need about injured railroad worker statements.

What Does the Claims Agent Want To Know?

It is worth noting that the railroad company is in the business of making profits and avoiding liabilities and expenses. So, they will try as much as they can to prove that they are not liable for any accident. In that light, the claims agent will ask legal questions like:

• Who do you blame for the injury?
• The lighting was sufficient, right?
• You can confirm that the railroad provided a safe place to work, right?

Your statement will be used against you later on. Therefore, to be safe, it would be best not to offer a statement when the claims person requests it. Legally, you are only required to fill out an accident report, so you do not have to worry about breaking any laws by postponing to give a statement.

Besides filling out the accident report, ensure that you get the names and addresses of any witnesses. Remember to keep a copy of the accident report. Then report the accident immediately to the chairperson. 

Why Should I Postpone Giving the Statement?

The railroad is only liable if you can prove their negligence. Therefore, the agent will ask questions to minimize the company’s negligence. If you answer these questions immediately after the injury, you might forget to mention important details like oily/greasy spots in the yard. 

You can postpone giving the statement by requesting to go to the hospital immediately, not the company doctor. Besides, if you are under medication, your judgment might be affected. That is why it is imperative to be careful about speaking to the claims agent.

The Railroad Is Forcing Me To Give a Statement

You might find yourself in a position where the railroad is coercing you into giving a tape-recorded statement. For instance, they might threaten to terminate your employment if you do not give the statement. In that case, ensure that you mention in the recording that you are doing it under duress. You can say something like, “I’m recording this statement because I was told I would get fired if I don’t.“ If the claims agent denies it, ask them to stop recording.

If you have to proceed, ensure that you mention every unsafe condition. If they ask you questions you are unsure of, do not lie. Instead, admit that you do not know or say that you need time to think about it.

Look for a FELA Attorneys To Help You

Before the injury, you might have had a perfect relationship with the railroad company with mutual respect and common interest. However, the moment you sustain an injury on the job, your interests diverge. You want compensation for your injuries, and they want to ensure that you get as little as possible, if not nothing, from them. The claim agents work for the railroad. Therefore, they will work for the railroad’s best interests.

Some railroad workers hesitate to reach out to a lawyer for fear that they might get fired for it, which is false. Some claim agents may also discourage you from getting a lawyer. They might promise you that the company will be fair, but you cannot be so sure.

That is why getting help from a railroad injury lawyer would be a good idea. Your lawyer will guide you through the FELA claims process. Besides, the railroad defends itself against the Federal Employers Liability Act claim with lawyers, so it would only be wise to be prepared on your end. The FELA attorneys can also guide you about what to say when recording a statement with the claims person.

Your lawyer plays a vital role in your claim against the railroad — so you want the best one in your corner. It would be best if you turn to someone who has worked with FELA case settlements, like Cahill & Perry, P.C. Call us today for a confidential consultation, and let us see how we can help you.