What Every Injured Railroad Worker Needs to Know – FELA Cases

If you work on the railroad, safety is always a top concern, but accidents and injuries can still happen despite the best precautions. Knowing what steps to take immediately after an injury, understanding your rights under the Federal Employers Liability Act (FELA), and securing the right legal support can make all the difference in protecting your health, your livelihood, and your future.

Immediate Steps After a Railroad Workplace Injury

The moment you get injured on the job, your actions can significantly impact your ability to receive fair treatment and compensation. Here’s what every railroad worker should do immediately after an injury:

•  Report the Injury Before Leaving the Premises: It is crucial to inform your supervisor or a management representative about your injury before you leave the job site that day. Delaying or failing to report an injury can lead to the railroad disputing whether the injury even occurred at work.
•  Seek Medical Treatment Promptly: If your injury requires emergency room care, insist on receiving medical treatment before filling out any paperwork. Do not allow yourself to be discouraged or told to “just slough it off.” Your health and safety are paramount, and you have the right to obtain the medical care you need.
•  Notify Co-Workers: Letting your co-workers know about your injury helps establish a record and witnesses who can corroborate your account if needed later.

Remember, the railroad cannot legally prevent you from seeking medical care, and if they attempt to do so, they may be violating the law. Immediate reporting and treatment preserve your rights and help build a solid foundation for any future claim.

Communicating with Medical Providers: What to Tell Your Doctor

When you present for medical treatment after a railroad injury, honesty and clarity are essential. Make sure to:

•  Clearly Describe the Injury: Explain precisely how the injury happened, including the mechanism of injury—whether it was a slip, fall, equipment malfunction, or co-worker error. The more detailed and accurate your description, the better your medical records will reflect the true nature of your injury.
•  Emphasize It Was a Workplace Injury: Tell your doctor explicitly that your injury occurred on the railroad job. This helps establish an official connection between your injury and your work duties.
•  Use Simple Language: Railroad work involves specialized terms which may confuse medical staff. Use straightforward language to avoid misinterpretation or inaccurate documentation.

Accurate medical records are a cornerstone of a successful FELA claim, so take the time to communicate clearly with your healthcare providers.

Protecting Your Medical Privacy from the Railroad Claims Department

One common misconception is that the railroad’s claims department has the right to access your medical bills or records. They do not. While you must report your injury to management, you are under no obligation to cooperate with claims agents or provide recorded statements unless you choose to do so.

Here are some important points to keep in mind regarding railroad claims agents:

•  Do Not Give Recorded Statements: Claims agents often request recorded statements, but you are not required to provide one. It is often in your best interest to decline politely and direct them to your attorney if you have one.
• Limit Contact with Claims Agents: You can simply tell the claims agent that you are focused on recovery and considering hiring legal representation, and that you will contact them if necessary.
•  Attorney Representation Halts Direct Railroad Contact: Once you hire an attorney, the railroad is legally prohibited from contacting you directly, which helps protect your privacy and rights.
•  Keep Medical Discussions Private: Railroad representatives do not have the right to be present during your medical appointments or to influence your doctor’s treatment decisions. If they attempt to attend medical visits or speak to your doctor, you have the right to refuse.

The railroad’s goal is often to minimize claims and reduce their financial exposure. Protecting your privacy and maintaining control over your medical information is critical to ensuring a fair process.

The Most Common Mistake Injured Railroad Workers Make

A frequent error that injured railroad workers make is mishandling the incident report process. After reporting an injury and receiving medical treatment, you will often be asked to complete an incident report, sometimes right at the job site. This step is crucial because the information you provide will be used as evidence in any legal proceedings.

Common pitfalls include:

•  Feeling Pressured to Minimize the Incident: Company officials may try to coax you into downplaying the injury or saying it was your fault. It is important to resist this pressure.
•  Not Knowing How to Fill Out the Report: Understanding the questions in the incident report beforehand can help you answer accurately and confidently. For example, if the report asks whether the equipment was in good condition and defective equipment caused your injury, you should truthfully indicate the defect.
•  Reporting Under Medication or Stress: If you are under the influence of pain medication or emotionally overwhelmed, you have the right to delay completing the incident report until you feel capable.

The key is to be honest and precise. If the injury resulted from unsafe working conditions, defective equipment, or negligence, the incident report should reflect that. This documentation is often the first step toward establishing the railroad’s liability.

Understanding FELA: What Is It and How Is It Different from Workers’ Compensation?

The Federal Employers Liability Act (FELA) is a federal law enacted to protect railroad workers who get injured on the job. It is unique compared to typical workers’ compensation laws that apply to most other occupations.

Here are some critical distinctions:

•  Right to Sue the Employer: Unlike workers’ compensation, which generally limits employees to specific benefits, FELA allows railroad workers to file a lawsuit against their employer for negligence.
•  Broader Scope of Damages: Workers’ compensation typically covers medical bills and lost wages, but FELA claims can include compensation for pain and suffering, inconvenience, and loss of quality of life.
•  Historical Context: FELA was enacted over 100 years ago in recognition of the inherently dangerous nature of railroad work, which historically involved life-threatening risks and severe injuries.

Because of its broader protections and remedies, FELA offers railroad workers a stronger legal avenue to pursue fair compensation after an injury.  FELA’s comprehensive approach ensures that railroad workers are not limited to just covering immediate medical costs but can seek fair recovery for the full impact of their injuries.

Proving Negligence in a Railroad Injury Case and How an Attorney Can Help

Under FELA, injured workers must demonstrate that the railroad was negligent—that is, that the railroad failed to provide a reasonably safe working environment and that this failure caused the injury.

Negligence can take many forms, including:

•  Violation of Company or Federal Rules: Failure to comply with safety regulations, company policies, or Federal Railroad Administration (FRA) standards.
•  Unsafe Equipment: Defective cars, handbrakes, grab irons, stairs, ladders, or brake systems that create hazardous conditions.
•  Co-Worker Negligence: If a fellow employee’s carelessness causes your injury, the railroad is still liable for their actions.

Proving negligence can be complex, which is why experienced legal representation is invaluable. Attorneys who specialize in FELA cases have access to railroad investigators who understand the industry and can:

• Interview witnesses and gather testimony.
• Inspect the accident site and equipment.
• Review company and federal safety rules for violations.
• Build a strong case demonstrating that the railroad was careless and responsible for your injury.

Having a knowledgeable attorney increases the likelihood of uncovering all potential negligence factors and securing the compensation you deserve.

It’s important to plan for financial stability early in your case because FELA claims and settlements can take months or longer to resolve. Settling too soon may leave you without compensation for future medical needs or lost income.

Railroad work is demanding and often hazardous, and injuries can have lifelong consequences. Understanding your rights under FELA and taking the right steps after an injury can make a significant difference in your recovery and compensation.

If you or a loved one has been injured while working on the railroad, don’t hesitate to seek expert legal advice.  Remember, you are not alone, and there are dedicated professionals who understand the challenges unique to railroad workers and their families. Taking action quickly and wisely can make all the difference in securing your future after a workplace injury.