OPRRMS Wrote:
-------------------------------------------------------
> Shortline Sammie Wrote:
> --------------------------------------------------
> -----
> > Railroad employees are covered by FELA...a form
> of
> > "no fault workman's comp" where any injury is
> the
> > railroad's fault no matter what and the
> railroad
> > will pay dearly through our legal system.
>
> Whoa! Perhaps that's been your experience on your
> property, but as a general statement it is
> absolutely not true.
>
> As Dr. Zarkoff points out, when an injured
> employee and his legal representative files a FELA
> lawsuit against a carrier, he/she must prove to
> the court that the railroad was responsible in all
> or in part for the situation that resulted in the
> injury, which is completely different than state
> Workman's Comp.
>
> Under the law, the court (or jury) will determine
> the percentage of each party's culpability and
> award the claimant damages accordingly. Because
> of that, the claimant has the potential to receive
> nothing. That's why it's recommended that if the
> injured employee chooses to go that route, he/she
> should retain an attorney that's experienced with,
> and specializes in, FELA cases, rather than your
> run-of-the-mill "ambulance chaser."
>
> Additionally, railroad claims agents will often be
> quick to offer an injured employee a Settlement
> Waiver, wherein the employee waives his/her right
> to file a FELA claim.

Thanks to both of you...I've learned something! I had always HEARD that the railroads contracted out this kind of work BECAUSE of the ability to shift the liability to the contractors insurance rather than FELA.

Since the OPR is all family we have never had to worry about suing each other...nor have we ever had a FRA reportable accident / injury...yet!

Sammie