Accidental Injuries—What to Do?

If you have a traumatic injury or railroad accident contact us at 800-576-0515 to discuss how best to protect your rights.

Statements

New employees are surprised to learn that the Railroad is not responsible for their on-the-job injury unless the Railroad is negligent or at fault for causing the injury. Unlike other industries, when you work for a railroad you are not automatically entitled to be compensated for an on-the-job injury regardless of fault. FELA provides the very best compensation for an injured employee as long as he properly asserts negligence on the part of the railroad causing his injury. You will fully benefit from your rights under FELA only if you have a competent FELA attorney to press for those rights.

Under no circumstances should you be tricked into providing a taped or written statement to a railroad claim agent. After reporting your injury to your supervisor and providing a brief statement for completion of the usual accident reports, the only reason for the railroad to obtain an additional statement from you is to reduce the value of your claim. Such statements taken by claim agents also may be used against you in any disciplinary hearing conducted by the railroad.

Beware of Blindly Signing Authorizations and Releases

Beware when the Railroad Medical Department, Claims Department, or Benefits Department asks you to sign a blanket authorization or release form. Generally speaking, there is no need for you to authorize a Railroad Medical Department to obtain copies of any and all of your medical records going back indefinitely into your past. Any authorization form or release should be tailored as narrowly as possible to cover the situation in question, and no more. Give us a call if you have questions as to the appropriateness of such forms.

Avoid Destruction of Crucial Evidence

To recover fair and just damages, it is essential that railroad employees injured on the job be able to prove the railroad's negligence. Every time you have an on-the-job injury, there are numerous types of evidence that are crucial to your ability to prove your case. Without such evidence, you will be at a tremendous disadvantage when it comes time to settle or try your case.

Be warned, your railroad will take the position it is free to destroy potentially relevant evidence unless it is placed on written notice immediately after your injury that it must preserve such evidence. Thus, failure to give the railroad proper notice immediately after your injury could result in the loss of information of vital importance to your case.

Accordingly, it is imperative you contact us as soon as possible after your injury so we can put the railroad on proper written notice of its obligation to preserve potentially relevant and discoverable evidence. Failure to do so may fatally compromise your ability to prove your case! So don't give the railroad a chance to destroy crucial evidence. Contact us right away or call 800-576-0515 so we can protect your rights by placing the railroad on proper notice.