Railroad Injuries Do’s and Don’ts

| What to Do: Railroad Injuries

  • DO – Let someone know you are hurt. Notify your local or general chairman and/or a co-worker immediately, or as soon as possible.
  • DO – Notify your railroad supervisor as soon as possible.
  • DO –  Complete a Personal Injury Report or other injury or accident report “required” by your employer and union agreement. DO be sure to keep a copy for yourself.
  • DO – Get the names and contact information of all the persons who witnessed your accident or injury and all persons in your crew with whom you were working when you got hurt.
  • DO – Keep copies of everything related to your accident and its related investigation.
  • DO – Get medical treatment as soon as you can. DO see a doctor of YOUR choice, one who will act in YOUR best interests, not those of the railroad. Be sure to provide the medical providers with a detailed history of the facts of your accident.

| What Not to Do: Railroad Injuries

  • DON’T – Let anyone else complete the Personal Injury Report for you. In particular, do NOT let your supervisor or other railroad official complete any part of the report for you or tell you what to write in the report. Remember, they will be watching out for the railroad’s interests, not yours.
  • DON’T – Feel pressured by the railroad to visit a doctor chosen by the railroad. The railroad does NOT have the right to direct your treatment. It may ask that you report to a “railroad approved” doctor or medical facility. You do NOT have to obey this request. The choice of your doctor, medical facility, etc., is YOURS.
  • DON’T – Sign any release of medical records to your employer until you have spoken to your union representative and/or an attorney experienced with claims under the FELA.
  • DON’T – Give a written or recorded statement to your supervisor, claim agent or other railroad personnel.

Railroad Injuries Checklist

 

Fill out Railroad Injury Report listing unsafe work conditions and/or unsafe equipment.

Do not check any boxes on the injury report that indicate you admit fault on your part or that admit you could have done something to prevent your injury.

Do not participate in a reenactment of your injury.

Do not give any other statements concerning your injury to company officials or claims agents.

Seek immediate medical attention from a doctor/medical facility of your choice. Give detailed report of injury to medical provider.

Contact The Law Offices of Patrick S. O’Brien today to learn more about FELA.