Railroad Accidents
The Federal Employers' Liability Act
When a railroad worker is injured on the job, the right to compensation is governed by a Federal law known as the Federal Employers' Liability Act commonly called the FELA. This federal law requires that railroads provide a "safe place to work" for all of their employees. The standards of duty the railroads have to their employees are many in number. To name a few of the many, the railroad must:
• Provide a reasonably safe place to work;
• Exercise reasonable care for the safety of its employees;
• Furnish reasonably safe tools and equipment, as well as safety devices;
• Select proper and safe methods to do the work;
• Furnish enough help to get the work done safely;
• Inspect the workplace for safety hazards;
• Adopt and enforce safety rules and practices; and
• Provide adequate training in work methods and use of tools and equipment.
To recover under the FELA, it is necessary to first establish some negligence on the part of the railroad. This differs from state workers' compensation laws where no such proof is required. However, the amount of negligence that must be demonstrated is slight: essentially it must be shown that the railroad failed to provide a reasonably safe place to work. When railroads act negligently, recoveries under the FELA will generally be far greater than they would be under state workers' compensation systems.
Under the FELA, you are able to collect for past and future wage losses, other financial losses, medical expenses and pain and suffering. It is very important to understand just how much time you have to bring a claim. The FELA requires that lawsuits be filed within (3) years from the date of the injury. In cases involving occupational illnesses (asbestosis), or latent and cumulative injuries (e.g. repetitive stress injuries) that cannot be discovered immediately, or those injuries where the injury has an indefinite onset and progresses over many years unnoticed, you have three (3) years, which begins to run when the injured employee knows or has reason to know that he or she has an injury, and that the cause of the injury is related to his or her railroad work.
Important Points to remember if you are injured
√ In the unfortunate event that you are injured, please keep in mind the following:
√ Report the incident immediately to your supervisor. This should be done even if you think the injury is minor and you hope it will go away. Any delay in reporting the injury could jeopardize your claim and result in the railroad charging you with failure to make a claim.
√ Prepare written details about the work incident for your personal records. Include your assignment for the day, when and where you reported to work, what work you performed before the accident, exactly how the accident happened, who witnessed it, what the railroad did wrong, etc.;
√ Obtain the names and contact information of any witnesses. Witnesses cannot be fired or disciplined for providing facts pertaining to the incident or testifying in court;
√ Immediately take photographs or videos of the defective or dangerous equipment, ground conditions or work environment.
√ Seek medical attention. Go to the emergency room or your own physician as soon as possible. Remember, you have the right to treat with the physician of your choice. Be sure to follow the doctor's instructions. Do not allow company officials to be in the room while you consult or receive treatment from a health care provider. Keep a written record of all treatment dates, the nature of each treatment, medications, and any pain and limitations you may experience.
√ Take periodic photographs or videos of your injuries;
√ Contact an attorney. As soon as possible, you should contact an attorney to advise you of your rights. Most attorneys will provide you advice free of charge and without being retained. This free consultation will insure that your rights are being protected;
√ Complete an Accident Report. You will be asked to complete an accident report for the railroad after you report the incident to your supervisor. Remember that anything you say or write down can be used against you. Do not attempt to fill out the accident report until such time as you are physically and mentally ready. On the accident report, you should accurately state what you felt the railroad did wrong to cause or contribute to your injury. Do not hesitate to ask your attorney to be present when this form is being completed. You should never permit the railroad claims agent or your supervisor to put anything in the accident report that is not accurate.
√ Do not attend any hearing or investigation without attorney/representation.
√ Keep a record of lost wages. Be sure to keep track of your lost time and any overtime you would have worked. If possible, identify a co-worker who would have worked the same hours as a supporting witness;
√ Be cautious about of railroad claims agents. These people are highly trained investigators who represent the interests.
If you have been injured while working for the railroad, call us today for a free consultation to see if you have a compensable claim.