Railroad workers who suffer injuries on the job often have rights under the Federal Employers’ Liability Act (FELA). Unlike traditional workers’ compensation claims, a FELA claim allows injured railroad employees to seek compensation when their employer’s negligence contributed to an accident or injury.
However, even a valid claim can be weakened by mistakes made in the days and weeks following an injury. Understanding what to avoid can help protect your rights and improve your chances of recovering the compensation you deserve.
1. Failing to Report the Injury Promptly
One of the biggest mistakes railroad workers make is delaying the reporting of an injury. Whether the injury occurs suddenly in an accident or develops over time through repetitive stress, it is important to notify your employer as soon as possible.
Waiting to report an injury can give the railroad company an opportunity to argue that the injury happened somewhere else or was not work-related. Prompt reporting creates a record of the incident and helps establish the timeline of events.
2. Not Seeking Immediate Medical Treatment
After an injury, your health should be the top priority. Some workers try to “tough it out” or continue working despite pain. Unfortunately, delaying medical care can not only worsen your condition but also create gaps in the medical records used to support your claim.
Seeking prompt treatment ensures that your injuries are properly documented and linked to the workplace incident. Follow all treatment recommendations and attend scheduled appointments to demonstrate the seriousness of your condition.
3. Giving Recorded Statements Without Legal Guidance
After an accident, railroad representatives may ask you to provide a recorded statement or complete detailed reports. While these requests may seem routine, the information you provide could later be used to challenge your claim.
Before giving a recorded statement or signing documents related to your injury, it is often beneficial to understand your rights under FELA. Statements made shortly after an accident may not fully reflect the circumstances of the incident or the extent of your injuries.
4. Failing to Preserve Evidence
Evidence plays a critical role in a successful FELA claim. Important evidence may include photographs of the accident scene, equipment involved, safety violations, witness information, and medical records.
Unfortunately, accident scenes can change quickly and evidence may disappear. If possible, document the conditions that contributed to the injury and gather contact information for any coworkers who witnessed the incident.
The more evidence available, the easier it may be to demonstrate how the railroad’s negligence contributed to the injury.
5. Waiting Too Long to Pursue a FELA Claim
FELA claims are subject to strict deadlines. In most cases, injured railroad workers have three years from the date of the injury to file a claim. While that may seem like plenty of time, important evidence can be lost and witness memories can fade.
Early action allows for a more thorough investigation and helps preserve the evidence needed to build a strong case. Waiting too long can make it more difficult to prove negligence and recover compensation.
Protecting Your Rights After a Railroad Injury
A FELA claim can provide compensation for medical expenses, lost wages, pain and suffering, and other damages caused by a railroad employer’s negligence. Avoiding common mistakes after an injury can help protect your claim and strengthen your position throughout the legal process.
If you have been injured while working for a railroad, understanding your rights is the first step toward protecting your future. An experienced FELA attorney can evaluate your situation, explain your options, and help you pursue the compensation you may be entitled to recover.
