What to Do After a Railroad Injury
If you are injured in the course and scope of your employment with the railroad, you should immediately take the following steps to protect your legal rights:
- Let someone know you are hurt: Contact your local union representative or a co-worker to let someone know you have been hurt.
- Notify your railroad supervisor: Notify a supervisor in a timely manner.
- Obtain medical treatment: Request to be taken to the nearest medical facility for treatment and make sure to provide a detailed history of the facts of your injury incident to the doctors providing treatment.
- Fill out the personal injury report: When you are physically and mentally able, complete the required personal injury report in the presence of a witness, if possible. Be sure to request a copy of the report for yourself.
- See your own doctor: Visit your personal doctor of choice as soon as you are able. The railroad does not have the right to direct your treatment and may request that you receive treatment from a company “approved” doctor. You have the right to refuse this request and see any doctor of your choosing.
- Do not give a recorded statement to the claims agent: There is no benefit to providing a trained claims agent information that will eventually be used against you in the defense of your FELA claim. It is important to refrain from discussing your injury incident with anyone other than your family and your lawyer.
- Keep copies of everything: Obtain and keep all documents, injury reports, medical records, photographs and other evidence concerning your injury incident, including any evidence regarding the railroad’s failure to provide a reasonably safe place to work.
- Apply for all applicable benefits: If you miss work due to your injury, you should apply for all supplemental sickness benefits, including Railroad Retirement Board (RRB) benefits and all private insurance benefits.