Following an injury which prevents a railroad employee from returning to work in their former craft, where they have accumulated years of seniority, there are many issues the employee is faced with regarding the future and vocational options. Does the injury render the employee totally disabled from all work or just from returning to his former position with the railroad? The answer to this question directly impacts the potential economic damages in a Federal Employers' Liability Act (FELA) case and the railroad is well aware of this fact.
To address this issue, and with the goal of minimizing the employee's economic damage argument to the jury, the railroad will begin an aggressive letter-writing campaign offering vocational training, alternative employment positions within the railroad in other cities, offering front-line supervisor positions with no job seniority protection, and offers to pay for schooling or job retraining. The railroad will make these offers to employees who have potential FELA claims and hope that these letters are ignored. At trial, this railroad tactic positions the railroad company to claim that the employee refused all of the help offered by the railroad and, thereby, has failed to take steps to reduce his economic damages.
Tulsa Railroad Labor Law Attorneys
Some railroads will offer injured employees voluntary "light duty" or "restricted duty" work intended to get the employee back to work quickly and ease immediate financial concerns the employee may have. Depending on the nature of the injury and the individual circumstances of the employee, accepting the railroad's "light duty" program may be in the best interest of the employee. However, it is important to keep in mind that there are usually strings attached to any such offer, most importantly, the requirement that the injured railway worker give a recorded statement to the railroad claims agent and possibly obtain medical treatment with a doctor recommended by the railroad.
Accepting light duty work following a railroad injury can have serious consequences and may substantially reduce the economic value of your claim under FELA. You should refuse light duty employment and any other offers of railroad vocational rehabilitation until you have discussed your situation with your personal physician, your union representative and a lawyer. Call O'Brien Chod, LLC, toll free at 877-746-3165 or contact us online. We serve clients nationwide, including injured railroad workers in Tulsa, Oklahoma.
