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Use caution when signing railroad releases In SeaLand Service, Inc. v. Sellan, 231 F. 3d 848 (11th Cir. 2000), the United States Court of Appeals for the eleventh circuit held that a worker could release the employer even for future injuries if he is not careful in reviewing the release signed. The SeaLand case was a Jones Act case for a seaman, but such cases use the same federal principles of law applied to railroad workers under the Federal Employers' Liability Act (FELA). In this case, the worker sustained an injury that appeared to be disabling. He signed a settlement release acknowledging that he was disabled, and stating that if he returned to work, he would "do so at his own risk, and the company will bear no responsibility for any illness and/or injuries he may suffer." He then returned to work, re-injured his back, and filed a new claim. To the surprise of most people following this case, the Court of Appeals held that the release was valid. This upset people who fight for the rights of railroad workers, because part of the FELA statute, 45 USC §55, states that the railroad cannot use a release to "exempt itself from any liability" under the FELA. The Court of Appeals tortured this language to find that the law permits a release of a known risk, even though this re-injury had not yet occurred. UTU designated legal counsel will be able to argue that this case is limited to a unique set of circumstances, because the worker had agreed in the release that he was totally disabled and stated that he would not return to work with the employer, so the Court of Appeals may have created a unique exception. Nevertheless, this case highlights the importance of carefully reading the release from the railroad, recognizing that the railroad "form release" frequently attempts to get you to give up far more rights than you have discussed with the claims agent. The review of your case by a qualified FELA attorney is always appropriate. Thanks to Robert N. Peirce, Jr., designated legal counsel from Pittsburgh, Pa., for this month's column.
Monte Bricker, Coordinator |
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