Tag Archives: workplace injury

The railroad claim agent is not your friend

by on April 14, 2011 in Rail Law Blog

Let’s take a closer look at #4 on our workplace injury checklist.  Do not give a recorded statement to a railroad claim agent.  Although railroad rules require an injured worker to report an injury, and to possibly participate in an investigation with a supervisor, there is no rule that requires you to provide a recorded statement to a railroad claim agent about how an injury happened.  And since I’ve never seen a claim agent conclude an employee statement by declaring, “I guess we were wrong, how much do you want me to pay you…,” there is absolutely no benefit to an injured worker in participating in this process.

The claim agent wants to record your statement as soon after an accident occurs for one reason — to get ammunition to defeat any claim you might later bring against the railroad.  The claim agent does not need the statement to figure out what happened.  He can get all of that information from the supervisor to whom the injured worker reported the incident.  He doesn’t need a statement to understand the nature and extent of the worker’s injuries.  The railroad already has copies of all relevant medical records (allowing it to process payment of the bills).  The claim agent has been trained to try to get the employee to admit that the incident was his or her own fault, that the railroad didn’t do anything wrong, or that the injuries really aren’t that bad.

The best protection for an injured employee is to get legal advice as soon as possible after an injury occurs.  Do not make any statements to a claim agent until you discuss your incident with an attorney.  If you eventually need to hire a lawyer to pursue a claim under the Federal Employers Liability Act (FELA), the lawyer can talk to the claim agent directly.  If the matter is not serious, and you want to settle the case on your own, at least get good advice and guidance from a railroad attorney who is familiar with the process.

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Get medical treatment from your own doctor

by on March 9, 2011 in Rail Law Blog

Following a workplace injury, most railroads require an injured employee to be examined by a physician on the railroad’s staff or by an outside doctor with whom it has a contractual relationship.  Your interaction with this doctor should be limited to determining whether you are physically approved to return to work.  You do not have to rely on any other advice or treatment recommendations from the company doctor.  Remember, the company doctor works for the railroad, not for you.  You do not have a physician/patient relationship with the company doctor, and any medical reports generated by the company doctor will automatically be provided to the railroad.

Your own doctor, on the other hand, has a confidential relationship with you.  If you seek medical advice from an independent physician, you can instruct him/her not to discuss your treatment with the railroad.  You should rely on your own doctor’s advice when deciding the best option to treat your injury, not on someone who will also consider what is best for the railroad.

If the railroad interferes with your right to seek treatment from your own physician, you may have a claim under the Federal Rail Safety Act (FRSA).

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Always report your injuries at work

by on February 8, 2011 in Rail Law Blog

The first item on our checklist of what to do when you are hurt at work is to report the injury.  Immediately tell co-workers on your crew that you were injured, and point out to them conditions in the workplace that contributed to the accident.  Your co-workers can verify your version of events and become important witnesses if you need to pursue a case.  Notify your union representative as soon as possible, so you can get help with any investigation or hearing related to the incident.  And make sure that your immediate supervisor is aware of the incident before you leave the property.

I have seen too many employees fail to promptly report an injury because they think the pain will go away after some rest.  After a few days, when the pain is much worse and they need medical attention, the employee is faced with a dilema.  If they notify the railroad at that point, the employee will likely be disciplined for failing to report the injury, or for falsifying an incident report.  And if they don’t report the injury at all, they will be unable to receive compensation through the FELA for medical expenses, lost wages, etc.  Avoid this problem — always report your workplace injuries when they occur.

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