If you suffer an injury on the railroad that requires immediate treatment, demand that your supervisor get you to the nearest hospital. Do not allow the supervisor to delay your treatment so that he or she can discuss the incident with you, fill out a report, or take a statement. And do not allow the railroad to transport you to an out-of-the-way medical facility because they want you to be treated by the company doctor. You have the right to be taken to the nearest hospital where safe and appropriate care is available to you. Once you are at the hospital, do not allow your supervisor to discuss your treatment with the physician, nurses or staff.
A railroad employee can file a claim under the Federal Rail Safety Act (“FRSA”) if the railroad interferes with his or her right to medical care following an injury at work. The FRSA states in part that a “railroad carrier…may not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured [at work]…A railroad carrier…may not discipline, or threaten discipline to, an employee for requesting medical or first aid treatment, or for following orders or a treatment plan of a treating physician…” An employee who is successful in such a claim may obtain an award including punitive damages and attorneys’ fees.