Understanding Railroad Injury Claims

If you’ve been injured on the railroad, our lawyers at Roven Camp want you to have the information you need to ensure your rights are protected. Read on for comprehensive guidance on the complexities of railroad injury claims.

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How much does a railroad injury lawyer cost?

Our team at Roven Camp does not collect any upfront costs. We will work with you day and night on your case and won’t get paid until you do. We also do not charge for phone calls, copies, or any other general office overhead items. Unlike some lawyers, we don’t charge interest on our invested expenses in your case. If we are not able to obtain a recovery for you, you don’t owe us anything.

How long do I have to file a lawsuit if I am injured while working for the railroad?

Generally speaking, as a railroad employee, you have three years from the date you knew or should have known that you were injured and that your injury was caused by the railroad.

Should I give a recorded statement to the Railroad’s Claims Department?

No. When the railroad talks to you, all you have to do is fill out the report of personal injury. You are not required to talk or give a recorded statement till speaking to an attorney.

When do I need to report a personal injury?

The best approach is to file an injury report, even if you are unsure how badly you are hurt. Even if you do not need to seek medical attention, you have complied with the rules and protected yourself in the event that the symptoms worsen or intensify with time.

If I am retired and I file a lawsuit or a claim, can it affect my pension?

Absolutely not. Your railroad retirement pension is funded through a trust fund established by the United States government, not the railroad. In our more than 50 years of combined experience, none of our retired clients have ever had their pension benefits interrupted or affected in any way.

Can Roven Camp help with other railroad retirement benefits (RRB) or insurance questions?

Yes. At Roven Camp, we will help anyone who calls with benefits, insurance, or RRB questions. Providing this service is simply part of our commitment to our rail clients.

Does the Railroad really engage in video surveillance of injured workers?

If you are injured at work, it is possible that the railroad police or a private investigative firm may be hired to record your activities. This usually does not happen, but it certainly has happened in the past and is still not uncommon. Most surveillance occurs when the claims agent does not believe that the worker is badly injured or if he refuses to see the Railroad’s chosen doctor. Sometimes, the railroad will engage in surveillance at a point closer to the resolution of the case (or close to trial) if they think they can demonstrate that the worker is actually capable of physical activities that he is claiming have been curtailed or eliminated. In cases of honestly reported injuries, these attempts almost always backfire on the railroad.

Does every railroad case get filed?

No, but many do. In cases of active railroad workers who have been injured, we have found that settlement negotiations are usually more productive for our clients after a lawsuit is actually filed and pending. The suit puts pressure and deadlines on the railroad, making them more responsive. In some cases, however, particularly those involving retirees where the likelihood of trial is small, the filing of a lawsuit may not be necessary. In limited, it depends on the case, the railroad, and the injury. We discuss all of these dynamics with you before we make that determination.

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