DANIEL J. DOWNES, P.C. is
a well-established law firm whose members have dedicated
their service to protecting the rights of injured railroad
employees and their families. They have, for several
decades, assisted railroad families with problems unique
to the railroad industry, such as Railroad retirement,
insurance, and representation under the FELA for injuries
caused by the negligence of their employers. The attorneys
at Daniel J. Downes, P.C. have extensive experience
in resolving problems for rail employees in all crafts.
The firm and its members are committed to providing
competent and courteous professional services to the
members of the numerous rail labor organizations which
have honored the firm or its members with appointment
to their Designated Legal Counsel lists based on the
firm’s ability to successfully represent their
members and obtain substantial monetary awards and verdicts
for them. We are ready, willing and able and have the
experience to help you.
Our many friends in rail labor and members
of their families have often asked us to provide them
some information regarding their rights when injury
or death occurs to a railroad employee while on the
job. The information provided herein is not legal advice
and is not intended to inform you on how the law may
be applied to any particular injury or case. It is intended
to inform you, very briefly, about the origin of your
rights and how you may enforce those rights for your
own protection. It also serves to inform you how to
get advice or help from attorneys designated by your
Union.
The United States Congress recognizing
the extreme dangers of working in the rail industry
enacted the Federal Employers’ Liability Act (FELA)
in the early 1900s. This unique law was enacted to provide
monetary damages to injured railroad workers who suffered
injury or death due to the negligent or unlawful acts
of the railroad which employed them. The FELA has been
recognized and enhanced through rulings and interpretations
of the United States Supreme Court and the lower courts,
both state and federal, throughout the country.
The FELA is important to all people employed
in the railroad industry and their families because
it provides the basis for their sole remedy for injury
or death caused, in whole or in part, by the negligent
or unlawful acts of their employer. Railroad employees
are not covered by the various workers’ compensation
laws, so it is in the best interest of those concerned
to know something about the FELA and how they may best
secure the benefits afforded them under the law. Because
it is unrealistic to expect you to become an expert
in the Act, the U. S. Supreme Court long ago approved
the practice of rail labor unions designating and approving
attorneys with expertise in this area of law, and of
informing their membership of the need for assistance
of such attorneys. Help is as near as your telephone.
You may call your union representative for information
about union approved legal counsel or you may call the
designated legal counsel of your choosing direct from
listings provided by your union. All off the legal counsel
approved by your union have agreed to provide you advice
free of charge. We hope you will never become inured
while working for the railroad, but if you do, you can
rest assured your union has appointed legal counsel
who are trained, qualified and willing to help you with
any problem you may have in a professional manner, so
you have a good chance of receiving just remedy for
your injuries.
The FELA was enacted for your benefit and
even though it is slanted heavily in your favor, you
must act in accordance with your own best interests
and common sense in order to secure the benefits the
Act was intended to provide you. Do not place yourself
in the hands of your adversaries. Make no mistake about
it, when you become injured on the railroad, the claim
agents, the officials and the lawyers the railroad hired
in anticipation of injuries caused through its fault
are your adversaries and will do all in their power
to protect the carrier’s interests and prevent
you from receiving money damages you are entitled to
recover under the FELA.
You may recover damages under the FELA
even if your negligence is proven to have contributed
to the cause of your injury, however, the railroad may
be entitled to a set off of damages caused by your proportion
of the fault. In some cases your contributory negligence
may not cause any reduction in damages at all e.g. when
the carrier is found to have violated certain safety
statutes such as the Locomotive Inspection Act or the
Safety Appliance Act. It is the carrier’s responsibility
to provide a safe place in which to work, safe instrumentalities
with which to do the work, safe methods of operations,
to refrain from negligent actions or negligent failures
to take action which cause you injury, and to comply
with various safety statutes and rules.
In summary, to protect your rights when
injured on the job, a railroad employee or his next
of kin should do the following:
1. Seek advice and help from your union.
Report your injury to your union representative as soon
as possible and follow the advice of your union.
2. Seek medical help from competent doctors
of your own choice. Tell the doctor how, when, where
and why you were injured. Explain to him or her what
unsafe conditions or circumstances caused your injuries
and tell the doctor what strenuous activities you are
required to perform on your job.
3. Complete your personal injury report,
if required to do so, setting forth all defects, unsafe
conditions or actions of others, and causes of your
injury known to you. If you are not sure of the exact
causes, state “unsafe conditions unknown at the
present time.”
4. Do not give an oral or written narrative
statement unless your union advises that you are bound
by agreements requiring you to do so. If required to
give a statement, get advice from designated legal counsel
first.
5. Do not depend on the carrier to protect
you or to inform you of your rights. Remember, the claim
agent, the railroad’s law department, and the
railroad officials are your adversaries regarding your
claim. They may appear to be friendly or interested
in helping you, but it is their job to help the railroad
defeat your claim.
6. Do not discuss your claim with anyone
other than your union representatives, your approved
union attorney, your spouse, or your doctor so proper
medical care can be rendered. Even well meaning friends
and co-workers can damage your claim without meaning
to do so if they are called to testify and say you said
something about your claim that is inconsistent with
your testimony.
7. Keep an accurate diary of your medical
treatment, the names, addresses and telephone numbers
of all doctors and witnesses, changes in your physical
condition, expenses, and the dates you were unable to
work.
8. Take advantage of receiving free legal
advice through your union approved Designated Legal
Counsel.
Please feel free to call the offices of
Daniel J. Downes at 1-800-624-2121 anytime you may have
a question.
9. Keep this brochure in a convenient
place where you or your loved ones may find it if assistance
becomes necessary.
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