FAQ

On-duty railroad injury: what to do first?
After an on-duty railroad accident, the most important thing to do is get the medical care you need from your doctors. You DO NOT have to see the railroad’s “doctor,” and you can pick the doctor of your choice. Seeing a company-chosen doctor can be one of the worst decisions you make regarding your claim. The reason is simple–to determine how badly injured you are, it takes running tests; a doctor that wants more business from a large railroad company will not want to run the bill up on that railroad company, and he may be reluctant to recommend expensive tests for you. It’s easier for him to delay you and wait and watch in the hopes you may get better than to actively run expensive tests to ensure you know the full extent of your injuries.
Do I have to give a statement to railroad claims?
DO NOT give a statement to the railroad claims agent or any supervisor/manager until you have sought counsel from your lawyer or union representative. Nothing under the law requires that you give a recorded or written statement to the railroad’s claim agent. You are not legally required to provide any recorded statement, and when your railroad claims agent asks for one, this should raise a bright red flag — he is looking out for the railroad and not you!
Do I have to see the railroad company doctor?
You don’t need to see a doctor recommended by the railroad. You can see whatever doctor you choose.

That is your right to choose your doctor under the injury and whistleblower laws. If the claims agent or your supervisor tells you that you have to see someone they recommend, please know that that is entirely false.

Seeing a company-chosen doctor can be one of the worst decisions you make regarding your claim. The reason is simple: to determine how badly injured you are, it takes running tests; a doctor that wants more business from a large railroad company will not want to run the bill up on that railroad company, and the supervisor may be reluctant to recommend expensive tests for you. It’s easier for him to delay you and wait and watch in the hopes you may get better than actively run expensive tests to ensure you know the full extent of your injuries.
Should I fill out the personal injury report?
YES, you need to fill out your injury report as soon as possible after your injury, as almost all railroads have rules that require their employees to fill this report out as close to the accident as possible. Ideally, you need to fill out the personal injury report before you leave the yard and go to the accident scene if possible.

However, you do not have to complete a personal injury report until you are capable in body and mind. Suppose you are in shock, pain, in the hospital undergoing treatment, or taking medications that could affect your ability to complete the report competently. In that case, you can agree to fill out the information later. Again, if you cannot fill it out at the hospital, you can always wait to do it. A supervisor doesn’t have to do it immediately at the hospital. They don’t need to put words in your mouth. You don’t need to allow them to fill it out for you. You can say once you feel up to it, you will immediately fill it out.
How do I cover my expenses when I’m out of work?
Immediately after going to the doctor, file for your railroad retirement board sickness benefits.

As a railroad worker, you’re putting money into the railroad retirement board from every paycheck you get. Many of that is for retirement once you get your 20 or 30 years in. You can start drawing from that retirement plan with the railroad retirement board, but you are entitled to sickness benefits in addition to those benefits. It’s essential to apply for those as soon as you see your doctor because it takes some time for those benefits to come in.
How long do I have to claim an on-duty railroad injury?
Under the Federal Employers’ Liability Act (FELA), you have three years to file a claim.

That’s the strictly legal answer; however, the sooner you bring your claim, the greater likelihood you will receive a higher settlement. The value of your settlement is driven by two things: showing your company bears some or all the responsibility for your injury and proving your injury through solid medical evidence.

The sooner you file your claim, the sooner your attorneys can start gathering evidence to show why your injury happened, and the sooner you can get to medical providers who will actively seek out what injuries you may have suffered. This generally takes running tests, and company-chosen doctors often delay or refuse to run such tests.

Unfortunately, because of the way the laws are set up, your employer becomes adverse to you once you are injured. As soon as you’re injured, the railroad wants to make sure they’re not at fault for that injury to limit the recovery that you may have.
Am I covered under state worker’s compensation?
Railroad workers have unique rights that are not the same as workers’ compensation.

With Workers’ Comp, there is no necessity for someone to be at fault in order for you to recover, but there’s a limited recovery that you can have under Workers’ Comp. The benefits are usually a fixed amount and normally undercompensate an injured worker, as workers’ compensation provides no compensation for pain and suffering and only partial wages.

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