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Avoiding Investigations

Railroad Injury Lawyers in Virginia

Avoiding Investigations

You can avoid an investigation following a railroad personal injury if you hire lawyers, such as Wilson & Hajek. Our personal injury lawyers in Charlottesville will keep you updated on the state of railroad personal injuries and the railroad calling an investigation. The following article was written by a fellow lawyer, Bill Jungbauer, who represents railroad employees at Buckingham Branch Railroad and other locations. The success of avoiding an investigation hearing depends on your hiring a lawyer and the lawyer immediately filing suit in your behalf.

Injured Employees Who Retain Council Can Avoid Investigations

The battle against carrier harassment of injured employees advanced in the favor of employee rights last Friday. For the third time in a row the U.S. District Court for Western District of Washington rejected BNSF arguments and upheld our position that a rail carrier does NOT have the right to force injured employees to attend a disciplinary investigation once the employee had filed an FELA lawsuit. When a rail carrier gets ready to fire or discipline a member for some incident where an FELA case can also be made, we start the FELA lawsuit and move the Court to stop the carrier from “interviewing” our FELA client in a “Kangaroo court”. This prevents carrier officials from asking questions in an investigation which could hurt or even destroy an FELA case. The new Whistleblower act may also apply if the injured person meets the criteria. Most importantly, the Court ruled that the carrier cannot fire or discipline the individual for not attending the carrier investigation. The attached decision should help anyone facing these issues.

The prime issue is whether a Court’s power to control discovery in a lawsuit is more important than certain carrier rights under the CBA. Both Federal and State courts have consistently found in our favor, that once an employee has filed suit, the carrier cannot interview him without his lawyer present, or conduct numerous physical examinations outside of court authority. BNSF has tried to harass injured employees, particularly in the Northwest. in past months and years.

In this case, BNSF employee Jen Wallis was ordered to a company investigation after filing an injury report. Our office immediately sued the case in Federal Court and moved the court for an injunction. The court ruled in our favor over strong BNSF objection and briefing. BNSF cannot order our client to attend any investigation, discipline or fire her for not attending the investigation nor have any contact with her without her lawyers being present. The court held that BNSF can hold the investigation without her, but that she can pursue all of her remedies (suing the railroad under state law or the Federal Whistleblower act) if they fire her. We plan to sue the BNSF under the Federal Whistleblower Act and Washington State law for wrongful discharge if they fire Ms. Wallis. (Note: State laws differ regarding wrongful discharge suits.) A copy of the Court’s order is attached for your information.

Note: injured employees who do not hire lawyers who file an FELA claim immediately do not have this protection. Note further: the Court also agreed that forcing certain medical exams is also prohibited when injured employees have lawyers with their FELA case in suit and thus could be enjoined.

FYI: all of the other Washington cases with successful Court rulings cited were my clients. If you or any of your members have any questions please feel free to contact me.

Bill Jungbauer – Yaeger, Jungbauer & Barczak

Exercise your right to obtain an experienced railroad personal injury lawyer under FELA. This will allow Wilson & Hajek to immediately file an action in your behalf and forestall the railroad’s prejudiced and one-sided investigation hearing. Railroad workers at Buckingham Branch Railroad can collect for injuries. Call the law firm of Wilson & Hajek.

Railroad injury lawyers in Charlottesville serving Augusta County, Waynesboro, Richmond, Hopewell, Lynchburg, Roanoke and all of central Virginia.

SOLID LEGAL EXPERIENCE

Francis Hajek’s legal experience in the field of personal injury covers all injuries including the most serious: death, loss of limb, quadriplegia; to minor injuries such as sprains,
His success rate is high. The verdicts are substantial.

These cases have taken place in Virginia, West Virginia, North Carolina, South Carolina, Maryland, Florida, Ohio and Washington, D.C. (Cases are in state and federal courts.) Notably, Francis Hajek, along with co-counsel, obtained a record-setting $46 million jury verdict for an injured client. The verdict was for $46 million, but that amount rose to $60 million with interest. The defendant agreed to a confidential settlement and abandoned its appeal.

This case reflects the dedication of Francis Hajek to his client, who suffered a permanent traumatic brain injury along with many other physical injuries after a train derailed and crashed into his workplace. The trial in Prince William County was over 3 weeks long. At Wilson & Hajek, every client is treated with the same dedication and personal service as we help you get justice. Experience counts and Francis Hajek has over 30 years of legal experience. Explore our website and learn how we can help you.

Avoiding Investigations

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