Frequently Asked Questions


IF INJURED AT WORK, WHAT SHOULD I DO?
 

1. Immediately report the injury to a supervisor and your co-workers informing them of the cause and extent of the injuries.

2. List and report all unsafe working conditions and defective tools and/or equipment that played any part in causing your accident.

3. List the names of all the co-workers or witnesses who were present when the accident occurred.

4. Get photographs of the accident scene before it is changed and/or corrected by the railroad.

5. Do not volunteer information that is not requested on the report and do not claim any responsibility for the accident.

6. Seek medical attention from a doctor of your own choosing for your injuries.

7. Following the initial accident report, do not give a statement unless instructed to do so by your lawyer. Any statements could be used against you later in your claim.

SHOULD YOU SEEK ADVICE FROM A LAWYER?
 

When you are injured, your interest and the railroad's are opposed to each other. Your goal is to collect full and fair compensation for your damages that you are entitled to under the FELA. The railroad claim agent's job is to save the company money, reduce its liability and pay you as little as possible.

Railroads have lawyers and claim agents on their payroll to protect their interest. You should also be putting together your team to protect your interests and those of your family.

WHAT SHOULD I DO IF THERE IS AN INVESTIGATION BY THE RAILROAD?
 

Make sure that you consult with your laywer to make sure that you and your witnesses and union representative are prepared to not say or do anything that could be used against you later in your personal injury claim. The railroad's purpose in conducting the investigation is to discipline you and get you to say something that will lessen or reduce the railroad's responsibility for the injury. Also, make sure to contact your union representative as soon as you have received notice of the investigation.

WILL I HAVE TO GO TO COURT?
 

Almost always, the largest claims are won when a case is fully prepared to go to trial. You should keep good records, obtain a good experienced FELA lawyer and be ready to go to trial to prove the cause of your injury. Only then will the railroad feel the most pressure to pay full and fair compensation for the injury.

WHERE WILL MY CASE BE FILED?
 

Under the FELA, your lawsuit can be filed in State or Federal Court, whichever suits your needs best. The right of an injured employee to choose where to file suit is an important right which must be carefully considered before proceeding. In many instances, you will have the right to file suit in a large city as opposed to a small town which may provide you with a better chance of receiving a fair hearing.



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