Christopher M. Murphy Railroad Accidents Law Blog on Lawyers.com

The Federal Employers’ Liability Act (FELA) allows railroad workers who have been injured at work to make a claim for monetary damages if the railroad service was liable for the accident.  If you are injured at work, the following guidelines can help with your FELA claim:

1. Report the accident.
Your supervisor should be notified immediately if you have been injured.  Most railroad services will need you to fill out an accident report or an injury report of some kind.  Failure to report an accident in a timely manner could have a negative impact on a claim.  Be sure to include any negligence by another co-worker or on the part of the railroad service.  In order to make a FELA claim, you must be able to prove that the railroad service was somehow negligent in respect to your accident.

Also, you should not sign any documents if you are any type of altered mental state such as feelings of dizziness or extreme pain.  You may end up forgetting essential details of the accident which cannot be added once a report is signed.

2.  Carefully read any documents before signing them.
In some cases, another person may fill out an accident report.  Be sure to carefully read the statement before signing it.  Do not sign the report if any statement is not correct. 

Any questions on the report are designed to benefit the railroad by making the railroad service seem less liable or not at all liable.  If there are any questions where you are not sure of the answer, then it is better to answer ‘unknown’ or ‘do not know’ than to answer no.

3.  Get copies of any documents related to the accident.
Once the accident report has been filled out and signed, be sure to get a copy of the report as well as any other document related to your accident.  In most cases, you are only required to fill out an accident report so be cautious about signing any other documents.

4.  Contact your union representative and/or an attorney.
You should contact your union representative as soon as possible after the accident.  He/she will be able to give you guidance regarding your accident and any possible claims you may be able to make.  He/she will help to protect your rights.

It may also be advisable to contact a railroad law attorney.  Your lawyer will be able to give you advice regarding any documents you need to sign to ensure your rights are not being violated.

5.  Get medical attention immediately.
Be sure to visit your doctor immediately after your accident.  Your injuries could be more extensive than you originally thought.  Your doctor will also have a better knowledge regarding your past medical history.  The railroad service may require you to visit one of their doctors to evaluate your injuries, but you are not required to receive treatment from this doctor.  You should have your attorney or union representative review any medical release documents before signing them.

These guidelines can help a railroad worker in the event of a work-related injury.  You may also want to obtain a copy of the FELA Information Guide as well for more information.

This article has been provided by FELA attorneys:
Doran & Murphy, LLP
Buffalo, NY
800.374.2144