When you are hurt while working on the railroad, you may think you’ve done everything necessary to protect yourself by reporting the accident to your supervisor. However, one mistake can make it even more complicated to recover the compensation you are entitled to, so it’s critical to ensure you properly report a railroad injury. If you’re unsure what to do or avoid when reporting, the following blog and a FELA lawyer can help you through these complicated matters.
Why Is it Important to Properly Report a Railroad Injury?
When you sustain an injury while working on a railroad, you aren’t covered under traditional workers’s compensation. Instead, railroads adhere to the Federal Employers’ Liability Act (FELA) which governs the railroad industry by allowing injured workers to file a lawsuit against negligent employers. Additionally, it’s important to understand that FELA only applies in instances where the railroad company was at least somewhat negligent in the injury the employee endured, whereas traditional workers’ compensation can be awarded regardless of who caused the injury.
In many instances, the railroad will do everything possible to recuse themselves of liability for the injuries you’ve endured by trying to blame you for the accident. Unfortunately, many tactics used by company representatives can leave you without the compensation you deserve. As such, taking the necessary measures to protect yourself after an accident is critical to fighting for justice.
What Steps Must I Take Following an Injury?
Generally, the first thing you must do immediately after an injury is to report the incident to your supervisor. You should take photos if you can, but do not violate any railroad rules to obtain photographs. You should have a union representative with you when completing the forms, if possible. Try to keep the details of the accident direct and to the point. Under no circumstances should you include anything that could be seen as assuming liability for the accident.
However, if you need immediate medical attention, you should request transportation to the hospital immediately upon informing your supervisor of the accident. If this is the case, you should not try to complete the injury report at the hospital, as you may not know what information you’re writing on the form.
Finally, you should not speak with the railroad company’s claims department until you have obtained legal representation.
When you’re hurt, filing a report with your employer can be an overwhelming and anxiety-inducing task. That’s why it’s critical to have legal representation during this process. At Doran & Murphy, our team is ready to guide you through this process to provide you with the best opportunity to recover the compensation you deserve. Connect with us today to learn how we can fight for you during these complicated times.
