Immediately following your railroad accident, you should file an official accident report with your employer. This may prompt your employer to call on a railroad claims agent. Although, you must be more wary about discussing your accident event with them. That said, please continue reading to learn whether you should speak with a railroad claims agent and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can help you navigate these legal protocols after your accident.
What is the role of a railroad claims agent?
Essentially, a railroad claims agent works on behalf of your employer to investigate your accident claim. You must understand they may not work in your favor during this investigation. After all, the Federal Employer’s Liability Act (FELA) may only provide you compensation for your claim if your employer is proven to be partially or entirely at fault for your accident event and subsequent injuries. And to reiterate, they were hired by your railroad company employer. So, they may attempt to gather information and evidence that may minimize or eliminate your employer’s financial liability toward your incurred injuries and damages.
Should I speak with a railroad claims agent after my accident?
You must watch out for a railroad claims agent’s potential tactics toward minimizing or dismissing your accident claim. For one, they may go as far as visiting you in the emergency room immediately following your accident event. At this time, you may not be entirely conscious of your whereabouts or interactions with others, all while still processing the traumatic event you just endured. Sadly, they may take advantage of your vulnerability and try to take your statement here.
What’s more, a railroad claims agent may push you toward visiting a company-approved doctor. They may convince you that this is the only way you can get your medical bills covered, however, this is not the truth. You should receive compensation through your FELA claim regardless of which doctor you seek treatment from. Ultimately, similar to a railroad claims agent, a company-approved doctor may be working for your employer. So, they may not order the proper medical tests or prescribe the extensive level of treatment you require to reduce your employer’s bill.
With all that being said, you should not provide your oral or written statement to a railroad claims agent without the presence of your legal representative. Similarly, you should not follow any of the agent’s directions or begin negotiating with them without thorough consultation with your lawyer. You may also contact your union representative for guidance and support. Overall, you must remind yourself that you have legal rights in this matter, and an agent cannot and should not convince you otherwise.
No matter what, you do not need to feel alone in this process. One of the skilled FELA lawyers is ready to be in your corner and support you throughout. So please reach out to Hildebrand McLeod & Nelson LLP whenever you are ready.
