You may have been injured while working as a railroad worker. If so, you may file a Federal Employment Liability Act (FELA) claim directly against your negligent railroad company employer. However, it is seen quite often that employers fail to take accountability for their part in a workplace accident straightaway. With this, they may use every legal tactic to deflect onto you. This may entail using your social media posts and accounts against you. Without the need for further introduction, please continue reading to learn why you should avoid social media at all costs while your FELA case is ongoing and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can work to ensure you have a solid case for compensation.
Why should I avoid social media during my FELA case?
Even if your activity on social media is seemingly innocent and completely irrelevant to your ongoing FELA case, it is better not to post at all. This is because anything you post online is publicly accessible. Further, this information may be taken, misconstrued, and twisted by your railroad company employer’s legal team.
For example, say that you post a video of you in a swimming pool at your friend’s backyard party. With this short clip, the defense may present any or all of the following arguments in your case proceedings:
- The defense may argue that you are exaggerating the extent of your bodily injuries if you are still able to swim independently.
- The defense may argue that you are exaggerating your mental anguish and emotional suffering if you still attend social gatherings.
- The defense may argue that your injuries would have healed faster if you had listened to your doctor’s orders not to participate in physical activities.
- The defense may argue that your medical bills would have been cheaper if you had not exacerbated your injuries by participating in physical activities.
- The defense may argue that you could easily transition back to your railroad work if you can participate in physical activities independently such as swimming.
With any of these aforementioned defenses, the judge and jury may minimize the monetary payout you receive; or worse, dismiss your FELA claim altogether.
What social media tips should I follow while my FELA case is ongoing?
In addition to not posting on media while your FELA case is ongoing, there are other initiatives you should take with your and your loved one’s online habits. They read as follows:
- You and your loved ones should put all your social media accounts in private mode.
- You and your loved ones should not accept follower requests from anyone you do not personally know.
- You and your loved ones should not communicate through messaging tools on your social media accounts, especially about your workplace accident.
- You and your loved ones should not post requests for charitable donations for help after your workplace accident (i.e., GoFundMe fundraising).
- You should ask your loved ones not to post any photos or videos of you, even ones with you in the background shot.
Before you take any further initiative with your legal claim, we urge you to consult one of the skilled FELA lawyers. Most definitely, the team at Hildebrand McLeod & Nelson LLP is eager to work with you.
