In this role, Oden becomes one of the lawyers that SMART-TD recommends to injured union workers and the families of workers killed on the job. She will represent these workers in legal actions after suffering a workplace injury. This is a vital job, but it is nothing new to Carisa Oden.

A Logical Next Step in a Career Devoted to Railroad Workers

Oden’s entire legal career has been devoted to advocating for injured railroad workers in Louisiana and throughout the country. From the time she received her law degree in 2008, she has only ever worked for firms designated by unions like SMART-TD, demonstrating her commitment to railroad employees and to supporting the critical role that unions play in protecting these workers.

Oden’s experience includes arguing before both state and federal courts. She uses her extensive knowledge of laws like the Federal Employers’ Liability Act (FELA) and the Federal Railroad Safety Act’s (FRSA) whistleblower protection program to safeguard workers’ rights to file complaints, fight for fair compensation for their injuries, and make the industry safer for all railroad workers.

Becoming DLC for SMART-TD will enable Carisa Oden to continue the work to which she has dedicated her life.

A Breakthrough for Women in Railroad Law

While there are many talented female lawyers out there, they continue to be underrepresented in the field of railroad injury law. Likewise, jobs in the railroad industry have traditionally been and continue to be held mostly by men.

Oden’s appointment represents an important step towards equality for female lawyers and female rail workers. As a member of the Women’s Caucus of the Louisiana Association for Justice, she has seen first-hand the valuable contributions that women can make when given equal access to professional opportunities, resources, and encouragement.

Becoming a DLC for SMART-TD is yet another way that Carisa Oden can serve everyone in the community while demonstrating that women have a vital role to play in both law and the railroad industry.

A New Way to Keep the Poolson | Oden Promise

Poolson | Oden Injury Lawyers promise two things to each and every one of our clients:

• We help them find the right doctors and the best medical care to treat their injuries.
• We fight hard to build strong cases that secure every penny they deserve.

We extend this promise to the workers that Carisa Oden will represent as DLC for SMART-TD.

The entire staff at Poolson | Oden Injury Lawyers congratulates Carisa on this well-deserved appointment and knows that she will continue to do right by injured transportation workers in Louisiana and across the nation!

The post Carisa Oden Is Second Female Lawyer Ever Appointed as Designated Legal Counsel (DLC) for SMART-TD appeared first on Poolson | Oden.

You absolutely can and should go to your own doctor, and the railroad is legally required to pay for it

You pay your premiums, and the railroad pays part of your premiums for your medical insurance. Under the collective bargaining agreement that you have with the union, the railroad is responsible for covering your medical treatment. However, they’re not allowed to pick your doctor, and they’re not allowed to “authorize treatment.” If you have a claims agent or one of your supervisors, tell you, “I’m sorry, you can’t get your MRI,” please know that you need to do two things. You need to call a lawyer who specializes in railroad work, and you need to document this conversation. What the railroad is telling you is false. They cannot deny you medical treatment. Doing so is breaking the law.

Getting the proper medical care after your injury

After a railroad accident, the most important thing to do is get the medical care you need from your doctors. If you request medical treatment from the railroad, they must provide it immediately. They are not allowed to deny you medical treatment after you’re injured. They’re not allowed to say, “Are you sure? Do you want to wait? Maybe tomorrow. We can’t take you right now.” None of those things they can do. That is whistleblower protection.

If you have a railroad employer that does not allow you to go to the doctor or the hospital after an accident, you need to speak with an attorney immediately.

Getting the company to pay the doctor

Railroad workers are often concerned that their employer will stop their medical treatment. Under the FELA, the railroad cannot pick your doctors and does not authorize treatment, which means they legally cannot control your treatment.

Tell the doctor’s office you are NOT workers comp

The doctor’s office will probably ask if you’re Workers’ Comp. You are not. Many of the doctor’s offices have no idea what FELA is, so you will need to tell them to talk to the nurse case managers at the railroad about getting paid. The bottom line, the railroad pays for the medical treatment, but they don’t control your treatment.

Again, this is another reason why it’s essential to talk to an attorney, sooner rather than later, who can coordinate with your medical providers to let them know how this law works.

Tell your doctor the full story of how your accident happened

Once you’re able to see your doctor, make sure to give them a complete history of what happened. Tell them about your injuries and how they occurred. It’s essential to give your doctors a complete account, so you have documentation in your doctor’s notes that precisely what happened to you on the date of your accident and what parts of your body were injured in an accident. Make sure to give a complete and accurate history to your doctors. Ensure to provide exact details of each body part that hurts and exactly how the accident happened.

You must also explain to your doctor exactly how the accident and injury happened.

Unfortunately, when an injury or accident happens, the Railroad circles the wagons and puts you on the other side of the tracks. They aim to control the evidence and the story of what happened to blame you. As a result, you must seek medical attention from your doctor and report exactly what happened to your doctor.

Do not be pressured to let the railroad managers talk to your doctor when seeing your doctor. Just because the Railroad pays the bills does not mean management can talk to your doctor. Tell your doctor you do not want management in the examining room.

Keeping your company in the loop regarding your treatment

Because the railroad is your employer, it has a right to know that you’re out of work receiving treatment. There are certain forms you will need to fill out for your company so that they are kept informed. If you don’t provide updates to your company regarding your medical treatment, they can charge you with absenteeism and then terminate your employment.

Again, to protect you, it’s essential to talk to someone who knows how the railroads work in injury claims. I tell clients all the time you have to remember that the railroad protects itself. You need someone to protect you.

DON’T WAIT ANY LONGER

Contact Our Railroad Attorneys Today!​

The post On-Duty Railroad Injury: What To Do First appeared first on Poolson | Oden.

The minute an injury happens, the Railroad circles the wagons and puts you on the other side of the tracks. They aim to control the evidence and the story of what happened to blame you. Use the following steps to protect you and your family:

1. Get medical attention

Take an ambulance if needed or get to your own doctor ASAP – Don’t wait!

2. Give complete and accurate history to your doctors

Ensure you give details of each body part that hurts and exactly how the accident happened.

3. Don’t be pressured to let the railroad managers talk to your doctors

Just because the Railroad pays the bills does not mean management can talk to your doctor.

Tell your doctor you do not want management in the examining room.

4. Fill out the personal injury report as soon as possible

Most carriers have a rule that the report must be filled out as soon as possible. Fill out as soon as you feel capable, and do not let management fill it out for you to sign. Always list ALL parts of your body that hurt and any defective conditions/equipment which caused the accident.

5. Do not give a recorded statement to the claims department

You are NOT legally required to give a statement that benefits no one but the Railroad.

6. Write down details of the accident

Get the names and phone numbers of witnesses and co-workers to your accident. When you get home, write down all the details in a notebook while it is fresh in your mind.

Documenting your accident and your railroad injury
If you’re able at the time of your railroad accident, try to do the following:

• Take pictures of the location of the accident, especially if you were in a crossing accident.
• Take pictures of any machinery or equipment that contributed to your accident.
• Get the names, addresses, and telephone numbers of any crew members or witnesses to your accident.
• Take photographs of any visible injuries before they heal.

In the months after your accident:

• Keep any records of your earnings that you’ve lost and any out-of-pocket expenses.
• Keep a pain journal to document your bad pain days or changes in your condition.
• Show your doctor the pain journal to properly document the extent of your pain and injury.

Documenting all those things before you file an injury claim is essential. Keeping a record will go a long way in building your case and getting you the compensation you need.

7. Apply for Railroad Retirement Board Sickness Benefits and Disability Benefits

It takes time for these benefits to start, and your doctors will need to fill out forms if you are going to be out longer than 30 days, so apply sooner rather than later.  These benefits can help you supplement your lost income while out injured.

Railroad Unemployment and Sickness Benefits

The Railroad Retirement Board (“RRB”) provides benefits to railroad employees to restore their lost wages when they have a period of unemployment or sickness.  These benefits are based on biweekly claims filed with the Railroad Retirement Board, and certain funds are paid directly to railroad workers for unemployment or sickness.  The benefit year for any of these benefits of unemployment or illness begins July 1.

For a railroader to qualify, you must have earnings of at least $3,900.00 in any calendar year.  If you don’t meet those requirements but have at least ten years of service, you may still be able to qualify based on certain conditions.

It is essential to apply for your sickness benefits as soon as possible after a railroad injury.  Although you have to wait four (4) consecutive days of sickness or injury before the benefits will begin, it is essential to start that process as quickly as possible because the physician that has seen you for your injury will have forms that are required to be filled out by the Railroad Retirement Board.  Your doctor must complete the statement of sickness, which is part of the application.

The maximum daily benefit rate for sickness benefits is $78.00 per day.  That daily rate will rise to $80.00 in July 2020.  You can obtain an application for sickness benefits on our website, www.poolsonoden.com.  Your union should also have a sickness benefit form.  The form number is Form SSI-1A.

Even if you don’t need the sickness benefit application now, the Railroad Retirement Board suggests keeping an application handy and ensuring that your family has access to it and knows how to use it.  Please get in touch with our office to help fill out the form or explain how the benefits work.

Once these forms are completed, you must mail them to the Railroad Retirement Board’s headquarters in Chicago within ten (10) days from you becoming sick or injured.  Once the board receives these forms, they will process your application and determine if you are eligible for sickness benefits.  Once the board processes your application, the Railroad Retirement Board will provide you with biweekly claims, which will be made available online and mailed to you.

Please get in touch with our law firm for any help applying for sickness benefits immediately after your injury.  Many railroaders have experienced a time in their careers when they have been furloughed and unable to work.  For instance, many Railroaders were furloughed during the Covid-19 Pandemic.  If you are furloughed, then there are unemployment benefits that you may be eligible for.  Please get in touch with our office with any questions about unemployment benefits and if you would qualify for those benefits as well.

If you receive sickness benefits and have a claim or lawsuit against the railroad where you recover monies either through a verdict or settling of your personal injury claim, the RRB has a lien for those benefits.  If you recover money from a lawsuit or claim, the RRB can claim to recover those previously paid benefits.  Those benefits will be paid back from any proceeds you receive in a settlement.

In addition to your sickness benefits, railroaders with particular months of service may also be eligible for a disability annuity or a total disability.  Suppose you have 240 months of service, equivalent to 20 years, and you cannot perform your regular railroading job. In that case, you may qualify for what the Railroad Retirement Board calls an “occupational disability” or an “occupational annuity.” You will have to submit an application that details your medical history from your physicians, supporting your claim that you cannot work.

On the other hand, a total disability is available if you have been in railroad service for 120 months or ten years; you have a permanent condition that does not allow you to perform any substantially gainful employment.  This means that, in addition to your railroading job, you would be unable to do any other job you could make money doing.

For more information about Railroad Retirement Board disability annuities or total disability annuities, the Railroad Retirement Board’s website has a wealth of information.

U.S. Railroad Retirement Board
William O. Lipinski Federal Building
844 North Rush Street
Chicago, IL 60611-1275
Toll-Free: (877) 772-5772
TTY: (312) 751-4701
Directory: (312) 751-4300
https://www.rrb.gov/

You can always contact our office for more information and questions about these differences and nuances of railroading benefits.

For more information on what to do after a Railroad injury, click here.

DON’T WAIT ANY LONGER

Contact Our Railroad Attorneys Today!​

The post Seven Steps To Do After An On-Duty Railroad Injury appeared first on Poolson | Oden.

YES, you need to fill out your injury report as soon as possible after your injury, as almost all railroads have rules that require their employees to fill this report out as close to the accident as possible. Ideally, you need to fill out the personal injury report before you leave the yard and go to the accident scene if possible.

However, you do not have to complete a personal injury report until you are capable in body and mind. Suppose you are in shock, pain, in the hospital undergoing treatment, or taking medications that could affect your ability to complete the report competently. In that case, you can agree to fill out the information later. Again, if you cannot fill it out at the hospital, you can always wait to do it. A supervisor doesn’t have to do it immediately at the hospital. They don’t need to put words in your mouth. You don’t need to allow them to fill it out for you. You can say once you feel up to it, you will immediately fill it out.

Do not let your supervisors or management fill that report out for you.

The report has specific questions that help the railroad if an injury claim is filed and goes to court. Some of these questions might be:

• Did the company do anything wrong that contributed to your accident?
• Was there any broken or defective equipment that failed?
• Were there any unaddressed safety issues?
• Was there an issue with the lighting?

We’ve had clients in cases answer these questions with no, indicating that the railroad did nothing wrong. No equipment had failed. There was nothing defective about anything that was done during the accident. Answering no to these questions on your report when safety hazards contributed to your accident can hurt your case and limit your compensation.

Be short and to the point.

If you can fill out the personal injury report, be short and to the point. Explain exactly what happened and if there is an issue with equipment, with lighting, if there was a safety issue, etc. You need to put that on that personal injury report because the railroad will use that report against you to say that you didn’t think that the railroad did anything wrong at the time of your accident.

Below are some Personal Injury Form Downloads for your convenience:

BNSF Railway Employee Personal Injury Occupational Illness Report
CSX Transportation Employees Injury and/or Illness Report
ICRC PI Employee Report of Incident, Injury, or Illness on CN U.S. Properties Form
Kansas City Southern Railway Company Employee Report of Injury and Illness
Norfolk Southern Report of Employee Personal Injury Illness/Incident
Norfolk Southern Personal Injury Report
Port Terminal Railroad Association Accident Report
Union Pacific Railroad_Personal Injury Report

Great people!!! Danny and Carisa truly care about their clients and it shows through their work!!
I would recommend them to anyone!

Cait V.

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DON’T WAIT ANY LONGER

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As a railroad worker, you’re putting money into the railroad retirement board from every paycheck you get. Many of that is for retirement once you get your 20 or 30 years in. You can start drawing from that retirement plan with the railroad retirement board, but you are entitled to sickness benefits in addition to those benefits. It’s essential to apply for those as soon as you see your doctor because it takes some time for those benefits to come in.

Filing for disability insurance

Suppose you have disability insurance, file for it after seeing your doctor. Your union has probably told you also that it’s essential to have disability insurance. Many of the blocks talk to their members about getting disability insurance immediately once they start working. So if you have it, claim those benefits so that you have both sickness benefit money coming in and also disability payment money coming in so you can pay your bills.

If you don’t have disability insurance, the sickness benefits only run for a certain amount of time, so again, it’s essential to talk to a lawyer that specializes in railroad law to help you figure out how you’re going to take care of your family and yourself while you’re recovering from your injury.

Watch out for advances from the railroad

Often the railroad will offer injured workers advances. However, you will have to pay those advances back.

While this may seem tempting at the time, while you’re worried about how you’ll live, it’s better not to take advances from the railroad. First, those advances often come with the requirement that you don’t talk to a lawyer. They’ll say, and the claims agent will tell you, “Look, I’ll take care of you. Just don’t talk to a lawyer. I’ll give you advances and your full paycheck and work this out.”

Often that means they want you to settle your claim for much less than it is worth. They use the advancements to say that they took care of you and you should take care of them. It’s better to go through your disability policy and your sickness benefits and talk to a lawyer who knows how these claims work to protect you and get total compensation for your injuries.

Mr. Poolson recently represented me in a lawsuit. I could not be more pleased at the outcome. He is very personable and cares about each and everyone of his clients. He keeps on top of everything and keep you informed of everything that is going on in your case. Very professional and I will definitely use his firm again if the need should arise.

Sharon F.

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