As railroad workers, we don’t fall under normal worker compensation laws. Instead, we fall under the Federal Employers Liability Act (FELA). This act allows railroad employees injured at work to directly hold the carrier accountable for any negligence that resulted in their injury.
There are many facets to a FELA case, so when a member pursues a FELA case, it is important seek out legal counsel experienced in handling FELA cases. One of the Designated Legal Council (DLC) we work with extensively is Rossi-Vucinovich. In addition to their website, https://rvflegal.com/, they also operate a page dedicated to FELA with explanations of the FELA process: https://railroad-injuries.com/injured-railroad-workers/
IF YOU ARE INJURED WHILE ON DUTY: The nature of your injury may dictate the order these events take place. Nonetheless, these steps need to be taken, and documentation collected and preserved.
- First and foremost, contact a union representative as soon as possible! This can be ANY union officer from ANY local. We may be talking about officers from different locals, but when it comes to an injured member, we all work together to protect our brother or sister.
- Contact your DLC. In many cases, the union officer you contact will start the process of getting the DLC involved. To ensure your rights are protected, the DLC may send a field representative until a lawyer can get in contact with you.
- Document and photograph (if possible) where the accident occurred. Make any notes you may need to recall the incident events in the future.
- Seek medical attention, no matter how minor the injury may seem. A carrier officer may take you to a clinic or hospital, DO NOT discuss your injury or the events leading up to the injury.
- Record any expenses stemming from your injury, such as medical bills and related expenses, including lost earnings if you are unable to continue working.
WHAT NOT TO DO:
- Fill out or sign a statement or accident report for the carrier without consulting a union officer or the DLC.
- Sign any type of release to allow the carrier access to your medical records or treatment plans for your injury.
- In addition to the medical release, do not discuss your medical history, records, treatment plans or nature of your injury with any carrier representative, be it a claims agent, manager, company nurse, etc.