THE PERILS OF DEALING DIRECT
If you become hurt on the job, should you consult an attorney or deal directly with the claims agent?
You know what rail management thinks. They think you should never consult an attorney. Is what they want in your best interest?
Some rails advise their fellow workers that it is an acceptable practice to try to deal directly with the claims agent. The idea is that you will not have to pay attorney fees, which normally constitute 25% of the settlement.
These "roundhouse lawyers" believe you can always hire a lawyer later if you are dissatisfied with the claims agent's offer.
We of course have our own view. You can certainly choose to disregard our advice because we have an interest in having you hire us. But we suggest the following for your consideration.
We have decades of experience in service to the rail community and are designated by nearly all rail labor unions. We are highly qualified and effective attorneys and could have gone other directions with our careers.
We believe our work has value and purpose. Our efforts protect the economic security of our clients and help protect and improve your future safety on the job. We hold the railroads accountable for their misconduct and protect the rail labor community from abuse by company officials.
Handling a legal case on your own is a highly risky proposition. The railroad fields an experienced claims management team whenever someone is hurt. This team has only one interest: to pay you as little as possible. This claims management team will not hesitate to take advantage of your inexperience and vulnerability.
We have encountered many tragic stories of individuals who have made serious mistakes while dealing direct. These mistakes have in some instances cost them their jobs, their pensions and hundreds of thousands of dollars. The mistakes would not have happened if they had gotten advice from competent and experienced FELA counsel.
Here are some examples:
1. A trainman with 1$ years experience suffered a knee injury. He settled direct for $25,000. A year later the company pulled him out of service because of his knee injury. He lost his job. He did not qualify for occupational disability benefits because he did not have 20 years of service. Had he hired competent FELA counsel, his right to disability pension would have been protected. We would also have settled for more than ten times what he collected. NET LOSS: His job, hundreds of thousands of dollars and his pension.
2. A clerk/driver had an auto accident off property. He settled direct for $20,000. A year after his settlement his injury got much worse and he had to undergo surgery. He became disabled and could not continue working in his craft. Although he was able to qualify for his occupational disability, he could not reopen his original claim. Competent FELA counsel would have appreciated the seriousness of his original injury and would not have settled for such a low amount. NET LOSS: His job and hundreds of thousands of dollars.
3. A trainman with less than two years' seniority had a relatively minor injury. He dealt direct with the claims agent and signed a general release of records. The claims agent obtained records from a number of sources. The company then noticed an investigation and fired the trainman for alleged false reporting on his employment application. Records obtained by the claims agent were used in the investigation. Competent FELA counsel would not have given a general release of records to the company. The client would have been advised of the risks of termination. NET LOSS: His job.
These are just a few examples of actual cases we have encountered.
Remember, a lawyer who represents himself has a fool for a client. Protect your rights and your future. Get advice before you make the wrong move.