AVP Claims & Tort Litigation - 90389730 - Washington

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As we move America's workforce toward the future, Amtrak connects businesses and communities across the country. We employ more than 20,000 diverse, energetic professionals in a variety of career fields throughout the United States. The safety of our passengers, our employees, the public and our operating environment is our priority, and the success of our railroad is due to our employees.

Are you ready to join our team?

Our values of 'Do the Right Thing, Excel Together and Put Customers First' are at the heart of what matters most to us, and our Core Capabilities, 'Building Trust, Accountability, Effective Communication, Customer Focus, and Proactive Safety & Security' are what every employee needs to know and do to be most impactful at Amtrak. By living the Amtrak values, focusing on our capabilities, and actively embracing and fostering diverse ideas, backgrounds, and perspectives, together we will honor our past and make Amtrak a company of the future.

SUMMARY OF DUTIES:

This position is responsible for the overall management of Amtrak's internal personal injury and property damage claims function, including without limitation: its structure, organization, staffing, internal leadership, location of field offices; operations and policies, processes, protocols, practices with respect to claims handling and disposition; training and process assurance; budget and budget management; interface and coordination with in-house and outside counsel; management of policies and practices concerning other vendors and program partners (including medical management and support resources); and results and effectiveness for the Company.

ESSENTIAL FUNCTIONS:

• Directs and supervises the Tort Claims practice within the Law department, which is responsible for managing pending litigation, outside counsel, and providing legal advice on safety and injury claims against Amtrak.
• Directs and supervises three (3) Directors (Claims East, Claims West, Passenger/Rolling Stock Damage Unit, and Training, Peer Review and Process Assurance, in managing Amtrak's internal personal injury and property damage claims offices and practice groups as well as Deputy General Counsel, Tort Litigation and respective practice area.
• Directs claims' training program oversight through Directors, peer review program for claims offices and functions, and oversees the fair, efficient and effective resolution of claims against Amtrak and Amtrak's Rolling Stock and other property damage claims to ensure consistent application and implementation of claims policies, processes, protocols and practices as well as directs the Company's claims against third parties and related litigation.
• Oversees claims group's interface and coordination with inside and outside counsel pursuant to applicable Law Department policies on claims matters and tort litigation requiring counsel. In this capacity, works with General Counsel and Managing Deputy General Counsel with responsibility for tort litigation.
• Responsible for working through Directors, Senior Managers, Managers and Deputy General Counsel for regular case status and strategy reviews with outside counsel.
• Partners with Business Services in the development and management of Claims and Tort Litigation groups budget and uniform implementation within Claims and Tort Litigation groups of all Amtrak and Law Department policies, processes, protocols and practices.
• Collaborates with Risk Management to ensure they (including excess insurance carriers) are provided with current and accurate claims details and data. Participates in quarterly meetings and yearly audits with Risk and Excess insurers around claims details. Coordinates preparation of documentation to support Risk Management in recovery/subrogation efforts to collect money from excess insurers. Assists Risk Management's efforts in securing insurance for various projects.
• With guidance from the General Counsel, develops with Claims Directors, Senior Managers, and Managers goals and metrics for annual performance review program for all staff.
• Ensures that claims database and other claims group systems and applications are working, current, accessible to and appropriately used by all claims staff, and works with Senior Manager, Legal Support on required Claims database and system enhancements.
• Partners with Chief Safety Officer and others (including Federal Railroad Administration staff and other railroads' personnel) to advance safety and accident prevention policies, programs, processes, practices and initiatives across Amtrak operations and services.
• Represents Amtrak Claims group within railroad industry and at conferences concerning the management and adjustment of and litigation concerning personal injury claims and property claims.

MINIMUM QUALIFICATIONS:

• JD degree plus 15 or more years relevant experience managing claims, tort litigation and claims/legal professionals.

MINIMUM KNOWLEDGE, SKILLS, AND ABILITIES:

• Significant experience granting appropriate settlement authority through proper case evaluation.
• Experience examining accident causation and legal theory trends and patterns from a risk management perspective to help other departments develop and maintain effective risk management standards.
• Experience demonstrating skill selecting, evaluating, advising and directing outside counsel in the handling of litigation matters to ensure competent representation and protection of Company interests.
• Experience demonstrating sufficient knowledge of tort law including FELA, complex claims investigations, case evaluation and settlement negotiations to supervise Claims staff and outside counsel and make business decisions.
• Working knowledge of contracts and agreements with vendors, freight railroad and commuter agencies to ensure compliance with indemnity obligations.
• Experience demonstrating knowledge of Force Account, Railroad Protective and other insurance policies sufficient to ensure coverage that will protect the corporation's interests.
• Experience in progressively responsible supervisory positions and responsibility.
• Ability to ensure effective caseload management and litigation support to minimize risk to Amtrak while controlling claims costs, legal fees, and expenses.
• Substantial experience handling and managing tort claims and litigation and coordinating with claims handling professionals, inside counsel, and outside counsel on same, preferably in a railroad environment.
• Excellent interpersonal skills.
• Familiarity with applicable federal and state laws, rules of evidence, court rules to support responsibilities and work with inside and outside counsel productively for the Company of Federal and State court rules and procedures to ensure compliance by the corporation.
• Significant experience communicating orally and in writing to people at various levels within and outside of the organization to exchange information, work cooperatively, facilitate understanding, and persuade and influence others with differing levels of expertise.
• Extensive experience formulating and executing strategies for handling tort claims and lawsuits.
• Significant experience directing complex investigations through staff by way of recorded/written statements, scene photography, detailed interviews of witnesses, background information, search of medical history and other investigative techniques.
• Significant experience managing and conducting settlement negotiations.
• Significant experience skill creating, defining and implementing corporate policies for the handling and disposition of claims/litigation.
• Experience in common office software for developing and exchanging electronic correspondence (e.g., Microsoft Outlook, Microsoft Word). May need skill in other software packages for analyzing metrics and preparing presentations (e.g., Microsoft Excel, Microsoft PowerPoint, claims software).

PREFERRED QUALIFICATIONS:

• Experience managing claims at a railroad or transit agency subject to FELA.

WORK ENVRIORNMENT:

• Frequent travel to regional claims offices, outside counsel offices and, sometimes, accident sites, litigation proceedings, etc.
• Both inside and outside work (including office work, visiting shops and facilities) and working in field environment outside with varying weather, noise levels and lighting conditions and uneven walking surfaces including ballast.
• Occasional work away from home on weekends and holidays.
• May involve responding to accident sites as needed in a variety of hours, including at night.

COMMUNICATIONS AND INTERPERSONAL SKILLS:

Must have excellent oral and written communication skills.

The salary/hourly range is $207,100-$268,400. Pay is based on several factors including but not limited to education, work experience, certifications, internal equity, etc. Depending on an employee's assigned worksite or location, Amtrak may consider a geo-pay differential to be applied to the employee's base salary. Amtrak may offer additional incentive and pay programs to recognize and reward our employees, including a short-term incentive bonus based upon factors such as individual and company performance that is commensurate with the level of the position and/or long-term incentive plan compensation. In addition to your salary, Amtrak offers a comprehensive benefit package that includes health, dental, and vision plans; health savings accounts; wellness programs; flexible spending accounts; 401K retirement plan with employer match; life insurance; short and long term disability insurance; paid time off; back-up care; adoption assistance; surrogacy assistance; reimbursement of education expenses; Public Service Loan Forgiveness eligibility; Railroad Retirement sickness and retirement benefits; and rail pass privileges. Learn more about our benefits offeringshere.

Requisition ID:164150

Posting Location(s):District of Columbia

Work Arrangement:06-OnsiteClick here for more information about work arrangements at Amtrak.

Job Family/Function:Legal

Relocation Offered:No

Travel Requirements:Up to 75%

You power our progress through your performance.

We want your work at Amtrak to be more than a job. We want your career at Amtrak to be a fulfilling experience where you find challenging work, rewarding opportunities, respect among colleagues, and attractive compensation. Amtrak maintains a culture that values high performance and recognizes individual employee contributions.

Amtrak is committed to a safe workplace free of drugs and alcohol. All Amtrak positions requires a pre-employment background check that includes prior employment verification, a criminal history check and a pre-employment drug screen.

Candidates who test positive for marijuana will be disqualified, regardless of any state or local statute, ordinance, regulation, or other law that legalizes or decriminalizes the use or possession of marijuana, whether for medical, recreational, or other use. Amtrak's pre-employment drug testing program is administered in accordance with DOT regulations and applicable law.

In accordance with DOT regulations (49 CFR * 40.25), Amtrak is required to obtain prior drug and alcohol testing records for applicants/employees intending to perform safety-sensitive duties for covered Department of Transportation positions. If an applicant/employee refuses to provide written consent for Amtrak to obtain these records, the individual will not be permitted to perform safety-sensitive functions.

In accordance with federal law governing security checks of covered individuals for providers of public transportation (Title 6 U.S.C. *1143), Amtrak is required to screen applicants for any permanent or interim disqualifying criminal offenses.

Note that any education requirement listed above may be deemed satisfied if you have an equivalent combination of education, training and experience.

Amtrak is an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race/color, to include traits historically associated with race, including but not limited to, hair texture and hairstyles such as braids, locks and twists, religion, sex (including pregnancy, childbirth and related conditions, such as lactation), national origin/ethnicity, disability (intellectual, mental and physical), veteran status, marital status, ancestry, sexual orientation, gender identity and gender expression, genetic information, citizenship or any other personal characteristics protected by law..