Federal Employers’ Liability Claim Agent

Opening:

The Metropolitan Transportation Authority is North America's largest transportation network, serving a population of 15.3 million people across a 5,000-square-mile travel area surrounding New York City, Long Island, southeastern New York State, and Connecticut. The MTA network comprises the nation’s largest bus fleet and more subway and commuter rail cars than all other U.S. transit systems combined. MTA strives to provide a safe and reliable commute, excellent customer service, and rewarding opportunities.

Position Objective:

This position has the responsibility to investigate, evaluate, and settle personal injury and property damage claims/lawsuits from employees and customers of the Railroads (Metro-North Railroad and Long Island Rail Road).The incumbent must prepare all claims for trial by working closely with defense counsel from receipt of the claim and onset of the lawsuit in order to formulate a litigation strategy and dispose of cases fairly and expeditiously.

Responsibilities:

The incumbent’s responsibilities include, but are not limited to, the following:

• Thorough investigation of all aspects of personal injury and property damage claims and lawsuits, to include reporting, reserving, and medical case management.  Secure accident information through various internal and external sources, such as witnesses, medical providers, claimant’s departmental supervisors, and outside sources.  Evaluate LIRR or MNR’s financial liability and recommend settlement value.
• Interview and secure statements from party and non-party witnesses, investigate accident scenes, perform site inspections, take photographs, and measurements.  Confer with local police departments, local fire departments/fire marshals regarding incidents that occur on Railroad property.
• Participate in investigating suspected employees’ theft of time and/or possible fraud (FMLA, sick leave, etc.)  Provide findings to internal departments and trial offices for appropriate disciplinary action.  Testify and assist at disciplinary hearings/trials.
• Enable facilitation of System Safety investigations by providing claim investigation results within the confines of legal privilege and confidentiality.  Confer with and assist in FRA, PTSB, PESH, and NTSB investigations and audits.  Confer with and assist the Inspector General’s Office in investigations and criminal prosecution.  Confer with and assist in NYS, NY State Comptroller, MTA, and Consultant audits.
• Negotiate and settle Federal Employers’ Liability (“FELA”) and General Liability claims and lawsuits directly with claimant or with plaintiff’s counsel.  Represent LIRR or MNR regarding litigation cases involving employees and customers by attending and participating in federal and state court conferences, depositions, mediations, and trials.
• Prepare all pending lawsuits for trial and assist defense counsel with discovery requests, witness identification/interviews, and medical authorizations.  Assist defense counsel with formulation of litigation strategy.
• Identify third-party responsibility for handling and payment of claims, as well as reading and interpreting contracts and pursuing and expediting tender requests for defense and indemnification.
• As Third Party Administrator for MTA/MNR/LIRR, handle Station Maintenance and Force Account claims and lawsuits for employee and customer injuries.
• Must be on call 24/7 on a rotating basis to respond to accident scenes

Required Knowledge/Skills/Abilities:

• Proficiency in generating accurate, detailed reports based upon claim analysis and evaluation of compiled investigative data
• Strong analytical skills
• Excellent written and verbal communication skills
• Excellent understanding of medical, legal, and insurance terminology
• Excellent organizational skills
• Excellent investigational and negotiation skills and alternative dispute resolution methodology
• Ability to evaluate and analyze claims issues to obtain fair and cost-effective settlements
• Ability to handle assignments in a timely manner and in adherence to deadlines
• Knowledge of Microsoft Office Suite and/or comparable software applications
• Must become track-qualified
• Ability to effectively interface with all levels of the organization, including union representatives and external customers, including attorneys, judges, and mediators
• Familiarity with railroad operations, policies, and programs preferred
• Must have a valid driver’s license and have access to a vehicle
• Proficiency in generating accurate, detailed reports based upon claim analysis and evaluation of compiled investigative data
• Strong analytical skills
• Excellent written and verbal communication skills
• Excellent understanding of medical, legal, and insurance terminology
• Excellent organizational skills
• Excellent investigational and negotiation skills and alternative dispute resolution methodology
• Ability to evaluate and analyze claims issues to obtain fair and cost-effective settlements
• Ability to handle assignments in a timely manner and in adherence to deadlines
• Knowledge of Microsoft Office Suite and/or comparable software applications
• Must become track-qualified
• Ability to effectively interface with all levels of the organization, including union representatives and external customers, including attorneys, judges, and mediators
• Familiarity with railroad operations, policies, and programs preferred
• Must have a valid driver’s license and have access to a vehicle

Required Education and Experience:

• Bachelors’ Degree in Criminal Justice, Business, Law, Insurance Studies, Paralegal Studies, or related field. 
• Demonstrated equivalent education, experience, and/or technical credentials, including four (4) years of related experience, may be included in lieu of a degree. 
• Minimum of five (5) years of experience managing claims/lawsuits, which includes investigation, negotiations, and settlements. 
• New York State Casualty or NYS Independent Adjuster’s license.  If the successful candidate does not have a license, he/she will be required to obtain a license within six (6) months of hire.
• This position requires individuals to have an investigative background, as each Claim Agent handles a claim from onset to completion, whether it is settled in the claim stage or becomes a lawsuit. 

The Following is/are preferred:

• Knowledge of FELA, General Liability, Auto Liability & Public Authorities Law
• Familiarity with collective bargaining agreements and the union working environment
• Knowledge of medical terminology, anatomy & physiology

Other Information

May need to work outside of normal work hours (i.e., evenings and weekends)

Travel may be required to other MTA locations or other external sites.

According to the New York State Public Officers Law & the MTA Code of Ethics, all employees who hold a policymaking position must file an Annual Statement of Financial Disclosure (FDS) with the NYS Commission on Ethics and Lobbying in Government (the “Commission”).

Equal Employment Opportunity

MTA and its subsidiary and affiliated agencies are Equal Opportunity Employers, including those concerning veteran status and individuals with disabilities.

The MTA encourages qualified applicants from diverse backgrounds, experiences, and abilities, including military service members, to apply.