Railroad Defense Tactics in FELA Injury Cases

Injured railroad employees have a tough row to hoe when it comes to holding the employer railroad accountable for its responsibility for the injury. Claim adjusters and defense attorneys in FELA injury cases work hard to create a case that persuades judges and juries not to believe an injured worker's claims and avoid paying compensation for medical costs and other damages.

Railroad workers aren't covered under Worker's Compensation laws, but the Federal Employer's Liability Act provides a means for railroad workers to force employers to pay for medical costs and other damages resulting from a preventable injury that is more inclusive than Worker’s Compensation. However, in FELA injury cases, the injured worker is required to prove the injury occurred on the job and that the employer's negligence was at least partially responsible. Railroad companies and their attorneys do their best to confound and confuse the facts to prevent workers from proving the railroad was responsible in some way. Continue reading to find out about the unscrupulous tactics often employed by railroads to avoid paying injury claims by their employees.

Railroad Tactics to Avoid Paying Worker Injury Claims in FELA Injury Cases

Use worker's medical history against him/her

If the injured employee delayed seeking medical treatment, defense attorneys will argue that the delay indicates:

1. The injury occurred off duty, or
2. The injury is not as severe as the employee claims

For this reason, it's incredibly important that any railroad employee injured on the job seek medical attention as soon as possible, even for seemingly minor injuries, and not let anyone convince them to delay treatment.

Get worker and witnesses to give conflicting statements

In FELA injury cases against a railroad, the injured employee is likely to be interviewed several times by different representatives asking the same sorts of questions repeatedly. Their objective is to trip up the employee and get him or her to give statements on the record that seem to conflict with each other. Witnesses too may be interviewed and any discrepancies between their accounting of the incident and the employee's is sure to be highlighted in the courtroom.

Deny negligence or fault

In court documents and hearings, railroad representatives and their attorneys will repeatedly assert they were not negligent, did not violate any safety laws and that employee's injuries did not result from anything they did or failed to do. They will submit documents, case law and testimony that seem to support these claims, but often they are twisting the meanings of this evidence in their favor.

Claim the worker's injuries were caused by his or her own negligence

In FELA injury cases, railroad defense attorneys will argue that the injured employee failed to look out for their own safety, used tools or equipment incorrectly, did not follow safety procedures or use appropriate safety gear and other such claims. They will argue (usually with great flare and using inflammatory words) that the employee is really at fault for the injury.

Conduct video surveillance of injured employee

Railroad defense attorneys are known to hire investigators to get video surveillance of injured employees doing things that suggest the injury isn't real or isn't as severe as the employee claims. Video surveillance may also be used to suggest the employee regularly engages in activities that could have lead to the injuries, thereby casting doubt on the employee's claims. Employees involved in FELA injury cases should be aware that the railroad may be surveilling them -- especially at medical appointments and on the job.

Intimidate witnesses

Railroads are known to sometimes intimidate potential witnesses in FELA injury cases, especially other employees who they can threaten to fire, into testifying falsely. Often they are pressured to say they "can't recall" certain facts or circumstances, rather than instructing them to lie outright as it is difficult to prove what someone can or can't remember.

Persuade injured employee that accident is not reportable

If the railroad can persuade the employee not to report the injury-causing accident, then it is difficult to make a claim for damages later. If there isn't a record that the accident occurred, defense attorneys argue, then the accident didn't occur on the job.

Stand Up to the Employer Railroad Responsible for Your Injuries

If you've been injured on the job for a railroad or a loved one was killed while working on the railroad, you need an experienced FELA injury lawyer to help you fight back and recover compensation for the damages and losses you suffer. An experienced FELA injury attorney, like those at Sachs Waldman, know the tactics railroad lawyers use in FELA injury cases and how to combat them successfully. Call our Detroit personal injury law office at 1-800-638-6722 to schedule a free consultation.