Legally reviewed by Christopher M. Murphy - Doran & Murphy, PLLC
If you have been injured while working for a railroad, your medical records may become some of the most important evidence in a FELA railroad injury claim.
Your medical records don’t just document your diagnosis. They can help establish when your symptoms began, what happened, how your condition has progressed, what treatment you’ve received, and how your injury affects your ability to work.
They may also be closely examined by the railroad claim agents and their attorneys.
Here are seven ways medical records are important and can affect a FELA case:
1. What Did You Tell Your Doctor Happened?
One of the first things an attorney may look at is what you told your healthcare providers about your injury.
For example, if you injured your back while lifting equipment, your medical records may document:
- What you were doing when the pain started
- When the symptoms began
- Where you felt the pain
- Whether you experienced similar symptoms before
- How the injury affected your ability to work
Similarly, if you are suffering from a work-related cancer, have you told your doctor about all of your railroad exposures to diesel exhaust, asbestos, silica, and other toxic dusts and fumes.
Railroad claim agents and their lawyers will look for clues in the medical records to try and avoid liability for your injuries. Always remember that under the FELA, injured railroad workers must generally prove that the railroad was at fault, even in the slightest, by failing to provide a safe place to work. That’s why it’s important to be accurate and consistent when describing your injury to your healthcare providers.
2. When Did You First Seek Medical Treatment?
The timing of your treatment can be especially important in a FELA case.
For example, a railroad worker may experience immediate pain after an accident and seek treatment right away. Another worker may develop increasing back, shoulder, knee, or other problems and decide to wait, hoping their symptoms will get better in the coming days.
The longer an injured railroad worker waits to seek treatment, the more likely it is that the railroad will argue that the injuries and symptoms are not work-related.
3. What Do Your Tests Show?
Medical records can contain important objective evidence, including:
- X-rays
- MRIs
- CT scans
- EMG testing
- Hearing tests
- Surgical findings
- Physical examination findings
These records can help document the nature and severity of an injury.
However, a diagnosis by itself doesn’t necessarily establish that the railroad caused the condition.
The medical evidence generally needs to be considered together with the circumstances of the injury and the other evidence in the case.
4. What Does Your Doctor Say About the Cause?
One of the most important questions in many FELA cases is causation.
Did your railroad work cause or contribute to your injury or cancer?
Your medical records may contain information about your work activities, symptoms, medical history, and your doctor’s opinions concerning the cause of your condition.
In the case of occupational cancer caused by diesel exhaust, asbestos, silica and other dusts or fumes, it is important to tell your doctor about your hazardous railroad exposures. A complete list of cancer-causing substances in railroad work environments can be accessed here. Providing this important information to your healthcare providers will assist the doctor in giving a medical opinion linking your railroad exposures to your cancer.
This is one reason it can be important to have an experienced FELA attorney review the medical evidence rather than simply looking at the diagnosis.
5. Do You Have a Previous Injury or Medical Condition?
Don’t assume that a prior injury automatically prevents you from bringing a FELA claim. As discussed in a prior blog, a pre-existing injury or condition does not disqualify you from bringing a FELA claim.
Many railroad workers have some medical history before an accident or work-related injury.
You may have previously experienced:
- Back pain
- Arthritis
- A prior surgery
- A sports injury
- Joint problems
- An earlier workplace injury
In these circumstances, an important question may be what your condition was before the railroad incident and what changed afterward. For example, a worker may have had occasional back pain before an incident and then develop significantly worse symptoms after an injury that leads to a career-ending back surgery. The medical evidence can help tell that story.
6. Do Your Medical Records Match the Rest of the Evidence?
In a FELA lawsuit, your medical records are only one part of the evidence.
Your attorney may compare them with:
- Railroad injury reports
- Statements to supervisors
- Coworker testimony
- Employment records
- Prior medical records
- Photographs or video
- Work restrictions
That’s why accuracy is important.
If your account of what happened is consistent with your medical records and other evidence, it can help establish a clear timeline.
If there are inconsistencies, the railroad may raise questions about them.
An inconsistency doesn’t automatically destroy a FELA claim. The circumstances surrounding it matter.
7. What Does Your Medical Evidence Say About Your Future?
Your FELA claim isn’t necessarily limited to the treatment you’ve already received.
If your injury is serious or permanent, medical evidence may be important in determining your future needs.
Your doctors may address:
- Whether you need additional treatment
- Whether surgery may be necessary
- Permanent restrictions
- Your ability to return to railroad work
- Your ability to perform other work
- Your prognosis
- Future medical care
These issues can be important when evaluating the damages associated with a railroad injury claim.
Your Medical Records Can Tell an Important Part of Your Story
If you’ve been injured while working for a railroad, take your medical treatment seriously.
Tell your doctors what happened. Be honest and accurate about your symptoms and how they developed.
Follow your treatment plan. Attend appointments and follow appropriate medical recommendations.
Keep your records. Maintain copies of medical bills, test results, work restrictions, and other important documentation.
Don’t minimize your symptoms. Railroad workers are often accustomed to working through pain, but failing to tell your doctor about significant symptoms can make it more difficult to document your condition.
Don’t exaggerate your symptoms either. Accuracy and consistency are important.
If you’re pursuing a FELA claim, your medical records may help establish much more than the name of your diagnosis. They can help tell the story of what happened, when your symptoms began, how your condition changed, what treatment you needed, and how the injury may affect your future.
If you were injured while working for a railroad, an experienced FELA attorney can review your medical history along with the other evidence surrounding your injury.
Contact our FELA railroad trial attorneys today by email or by phone at 1-800-374-2144 for a free, confidential consultation about your railroad injury or railroad cancer claim. Learn about your legal options so you can protect your family’s future.
