What to Do if You Are A Railroad Worker Injured on The Job
This guide will explain the proper steps to take to protect yourself legally if you are a railroad worker injured while on the job.
Do Not Give Any Statements Without Consulting Your Attorney or Union RepresentativeRailroad claims agents may want you to provide a recorded statement of the injury. It is important for you to speak with an attorney or your union representative first. Giving a statement, recorded or written, could diminish the value of your claim as these statements can be used against you.
Seek Medical AttentionIf you need to go to a doctor, you have a right to see a doctor of your choice. The railroad would want you to see their doctor because he/she reports to them. Go to a doctor who specializes in handling the type of injury you have. This is important because the doctor will be called on to testify about your care if the case goes to trial.
Gather InformationIf possible, gather the names of the employees who were working with you at the time or who may have seen the accident. Writing down important information such as how the injury occurred, time of day and conditions surrounding the injury can be helpful. You will forget this information as time goes on so it is important to write it down while your memory is fresh.
Do Not Wait Too Long To Make A ClaimThe Federal Employer Liability Act (FELA) allows three years for bringing a claim against the railroad for your injury. In most cases the time period starts from the date of the injury. However, for some injuries such as cumulative trauma or wear-out injuries, the time period starts from the point when you became aware of the injury. As you can see, figuring out exactly how long you have to bring a claim can be a complex matter and it is important that you speak with an attorney who can assist you with understanding the time limitations.