At our law firm, we offer you a unique level of attention. We hope that these frequently asked questions will help you understand more about the way we work and validate our passion for helping people who are going through difficult situations.
Railroad claim agents are responsible for protecting the employer's legal and financial interests. It helps to realize that claim agents represent the railroad, not you, in their questions, requests, and evaluations that serve the railroad's objective of minimizing liability and settlement costs.
The railroad claims agents often approach injured workers within hours or days of an accident, sometimes appearing sympathetic and concerned about your well-being. This early contact serves the railroad's interests because statements given soon after an incident, when workers are confused, in pain, or uncertain about what happened, can affect liability assessments and the value of future damages.
Agents may take recorded or written statements, photograph injuries or accident scenes, and gather witness accounts during these early interactions. The information collected during initial contacts becomes part of the railroad's claim file and forms the foundation of the company's defense strategy.
Conversations with claim agents may be recorded even when workers do not realize recording is occurring. Any statements you make can be analyzed for inconsistencies with later accounts, used to question the severity of your injuries, or interpreted to suggest you share fault for the accident. These statements become evidence that company attorneys use during settlement negotiations or litigation to reduce the compensation you receive.
Your description of the accident, your immediate symptoms, and your understanding of what caused the incident are documented by the agent. Casual remarks about feeling okay or being able to return to work soon can be used to claim your injuries were minor or unrelated to the workplace incident.
Claim agents routinely request that injured workers sign medical authorization forms allowing the railroad to access treatment information and evaluate its exposure to liability. In many cases, these releases permit access to your medical records beyond those related to your workplace injury, including records of unrelated health conditions and prior injuries.
The railroad uses this broad medical information to argue that pre-existing conditions caused your symptoms rather than workplace negligence, or that previous injuries make you more susceptible to harm. Information obtained through medical releases becomes part of the railroad's strategy to minimize the damages it must pay.
Although railroad claim agents are capable of discussing and negotiating settlements on your behalf, they are more concerned with minimizing payouts than making sure you receive fair compensation. A settlement may seem substantial, but it falls far short of the full value of your economic and non-economic damages, especially if your injuries are long-term.
FELA's fault-based system determines compensation based on negligence, so interactions with claim agents have a higher stake than those with no-fault systems. Claims agents gather evidence and obtain statements that directly impact your ability to prove negligence and recover damages.
Claim agents often use tactics designed to undermine valid FELA claims against railroad workers. While you focus on medical treatment and recovery, claim agents begin preparing the railroad's defense. Get in touch with Environmental Litigation Group, P.C. before speaking with claim agents or signing any documents, and let our attorneys handle communications to protect your statements and medical information.