All railroads have a rule that requires an employee to "timely" complete the required report of personal injury following an incident. This injury report must be "timely" completed and given to your railroad supervisor in order to protect your job. The injury report is your first opportunity to inform the railroad what was unsafe about the working environment, tools or equipment that caused or contributed to cause your injury. The manner in which you complete the report and answer the questions may have a significant impact on your ability to recover compensation under the Federal Employers' Liability Act (FELA) and may provide the railroad with evidence to establish your contributory negligence. This is your written statement, so do not let the railroad claim agent, your supervisor or any railroad official influence the words you write on your injury report.
Denver Railroad Injury Lawyers
Prior to and when completing an injury report, you should do the following:
- Prior to filling out the injury report, find a witness (union local chairman or co-employee) to accompany you as you complete the document.
- Accurately describe what was wrong or defective with your work environment, tools, equipment and/or working conditions that caused your injury.
- If there was a defective or broken tool, or a faulty piece of equipment that caused your injury, you must note this on the injury report.
- If the injury report asks if you were at fault or negligent, you should write "no."
- List any witnesses who may have information about the incident.
- If there was a violation of a Railroad Safety Act or regulation, you must note this on the injury report.
In order to protect your job following an injury, you must complete the injury report in a timely manner, and nothing more. You are not obligated to provide a recorded statement to the claims department discussing the facts and circumstances of your injury. It is strongly recommended that you do not provide a recorded statement, or agree to conduct a reenactment of your injury, as the railroad claims department is skilled in obtaining information that will be used against you in your FELA claim.
The earlier you consult with an experienced FELA attorney at O'Brien Chod, LLC, your risk of providing the railroad with information that can harm your potential FELA claim will be substantially decreased. Please contact us at any point for trusted advice and guidance on these critical issues. We serve clients nationwide, including injured railroad workers in Denver, Colorado and North Platte, Nebraska.
