Dean J. Caras and Associates
(312) 494-1500
(312) 494-1500
We Won The Cases Other Lawyers Wouldn't Take
Railroad Injuries
Under the FELA, you are not entitled to recover monetary damages from the railroad for your injury merely because you were injured on-duty. In order to make a monetary recovery from the railroad you must be able to prove from the evidence that the injury was caused, in whole or in part, by the railroad's fault or negligence, in failing to furnish a reasonably safe place or the proper equipment for work.
Railroads retain skilled claim agents and attorneys to protect their interests. The railroad's claims agent and legal staff work for the railroad, not you. As soon as you are injured, the railroad and its claims agent begin their investigation of the occurrence. Witness statements are taken, the scene and equipment are photographed, and on-site measurements are made.
You should know that after an injury is investigated, the experienced claims agent reviews his investigation report with the railroad's attorneys. The railroad's attorneys are familiar with important FELA court decisions. Based on this investigation report, the claims agent and attorneys will review the facts and then attempt to take a written or taped statement from you that is designed to minimize the railroad's liability and maximize your responsibility for having caused your injury.
You should also know that the claims agent will attempt immediately to stop you from exercising your absolute right to choose your treating physician. The claims agent will do everything in his power to have you see a physician whose loyalty to you is secondary. The physician's primary vested interest is with the railroad which refers business to him.
Statistical evidence has established that of all injured railroad workers, the 20% of injured railroad workers who hire attorneys receive 70% of the money paid out by the railroads. The remaining 80% of injured railroad workers who don't hire attorneys split only 30% of the money paid out on FELA claims. (Transportation Research Board, National Research Counsel Special Report 241.)
Railroads retain skilled claim agents and attorneys to protect their interests. The railroad's claims agent and legal staff work for the railroad, not you. As soon as you are injured, the railroad and its claims agent begin their investigation of the occurrence. Witness statements are taken, the scene and equipment are photographed, and on-site measurements are made.
You should know that after an injury is investigated, the experienced claims agent reviews his investigation report with the railroad's attorneys. The railroad's attorneys are familiar with important FELA court decisions. Based on this investigation report, the claims agent and attorneys will review the facts and then attempt to take a written or taped statement from you that is designed to minimize the railroad's liability and maximize your responsibility for having caused your injury.
You should also know that the claims agent will attempt immediately to stop you from exercising your absolute right to choose your treating physician. The claims agent will do everything in his power to have you see a physician whose loyalty to you is secondary. The physician's primary vested interest is with the railroad which refers business to him.
Statistical evidence has established that of all injured railroad workers, the 20% of injured railroad workers who hire attorneys receive 70% of the money paid out by the railroads. The remaining 80% of injured railroad workers who don't hire attorneys split only 30% of the money paid out on FELA claims. (Transportation Research Board, National Research Counsel Special Report 241.)
Dean J. Caras and Associates
320 W. Illinois Street; Suite 2216
Chicago, IL 60654
Phone: (312) 494-1500
