When a railroad worker is injured on the job, he or she must report the injury to the railroad as soon as possible. Many workers will wait to report an injury until they know it is “serious” so as to not cause any issues with the safety record for their coworkers and supervisors. Since safety records can influence bonus payments or rewards for supervisors, some supervisors may even pressure workers not to report injuries.
Not only is prompt reporting required by most railroad’s rules, but it can be crucial for the injured worker as well. Some examples of how a failure to report an injury can hurt a worker:
- A worker is injured trying to release a sticking handbrake on a car, but tries to work through the pain thinking it is only a “tweaked muscle.” He later realizes that he actually has a torn rotator cuff, and reports the injury. No one can remember what car it was to be able to test the handbrake and prove that it was faulty.
- A worker slips on oil on the floor of a locomotive but doesn’t report it until his next shift. By that time, the oil has been cleaned up and there is no photograph or other documentation to show that the worker didn’t just trip from failing to pay attention to where he was walking.
- Ballast gives way when a worker is walking and causes a knee injury. The worker continues to work for several days until his swollen knee won’t support his weight. At this time, he can’t remember exactly where it happened, and being able to prove the facts rest solely on the worker.
In each of these examples, proving the railroad’s negligence is more difficult due to the late reporting. Also, the worker may find himself in a disciplinary process for the late reporting, complicating the claim that wages were lost due to the injury and not from the disciplinary action.
An experienced railroad attorney can assist a worker in navigating these difficult scenarios. If you have been injured at the railroad, report your injury as soon as possible, get medical attention, and call an experienced FELA attorney.
