FELA Claims: What to Do If You are Injured

The events that occur immediately after any workplace injury are often the most critical to the rights of the injured employee, and claims under FELA are no different.

If you or a loved one have been injured while employed as a railroad worker, it is important that you take certain steps and precautions after the incident, to ensure that your rights to compensation under FELA are not compromised.

Immediately After The Injury

• Employer's Injury Report:
  Immediately report the injury to your employment supervisor and complete an injury report form, to the extent that your injuries allow you to do so. It is important that you be as thorough and accurate as possible in providing information about your injuries, including all possible causes, factors, and conditions that may have contributed to the incident. This document will most likely come into play later in your claim.

• Medical Attention and Treatment:
  Your employer will most likely ensure that you receive immediate medical attention and treatment, especially in emergency situations. Once you have received any necessary initial medical treatment, you should seek an independent medical evaluation and any additional treatment from your own doctor. Be as forthright as possible with your doctor, as to any pain or difficulties you are experiencing as a result of the incident. Be sure to keep copies of any medical records, bills, and other documents related to your treatment. 

Pursuing Your FELA Claim

• Personal Injury Report:
  In addition to the report made to your employer (discussed above), make a separate report for your own use (and eventually for your attorney's use) that describes the accident and your injuries in as much detail as possible. In addition to the information you should provide in the report made to your employer, in your own personal report be sure to describe the nature and extent of your injuries, the impact your injuries have had on both your work and personal life. Note also the names of anyone who may have witnessed the incident.

• Keep Track Of Time Missed At Work:
  Make note of all time lost from work as a result of your injuries. This should include all work missed on the day of the incident, time during which you were unable to work because of the injury and any rehabilitation process, and any work time missed due to follow-up medical appointments.

• Contact Your Union Representative:
  As necessary, get in contact with a representative of your union and inform them of the incident and your injuries.

• Talk With An Experienced Attorney:
  As soon as possible after your injuries, consult with an experienced attorney, who will guarantee that your rights are protected at all stages of your FELA claim. It is especially important that you meet with an attorney before the railroad company holds any type of hearing regarding safety and liability issues arising from the incident, as these proceedings can seriously affect your case.

See also:

• Chronology of a FELA Claim