How to fill out Railroad Workplace Accident Report
How to fill out Railroad Workplace Accident Report
A VERY IMPORTANT DOCUMENT IN YOUR CASE
One of the most important liability documents in an FELA case is the accident report. The information that the injured railroader records will play a substantial role in determining whether the railroad provided a safe place to work and the direct impact on damages you will receive for your injuries
Don’t let the railroad pressure you into reporting inaccurate facts
Don’t blame yourself where you are not to blame
Be specific in identifying unsafe conditions
Name all witnesses
List all affected body parts
Accurately, but briefly, describe the accident
Less is more
Beware of trick questions
How you fill out the report often determines the recovery you will receive for your injuries. Honestly and accurately use your own words not your supervisor’s. Get a copy of a blank injury form. Review it the same way you review your rulebooks so that you are familiar with the questions. Contact your local chairman or designated counsel for guidance. Immediately call if you are being harassed and intimidated by railroad officials. Our team of experienced railroad attorneys and courtroom litigators at The Youngdahl Law Firm P.C. and Doyle Dennis Avery LLP will help guide you through the confusion and overwhelming difficulty of pursuing your rightful claim after a railroad workplace accident. Our team prides themselves on their ability to navigate complex legal situations and assist those that are injured in learning about their rights and avenues for recovery and healing.
Filling Out & Filing an Accident Report
All accidents/injuries should be reported as soon as possible. The slightest delay may jeopardize the employee’s rights.
GCOR 1.2.5: Accidents – Injuries
All cases of personal injury, while on duty, or on company property, must be immediately reported to the proper manager and the prescribed form completed.
Filling Out an Accident Report
If filled out properly, the Accident Report will be Plaintiff’s Exhibit #1.
If NOT filled out properly railroad will blow it up as big as the judge will allow!
Be as accurate as possible.
BEWARE: Some questions are trick questions.
Point out the negligence of the railroad.
You have the right to have the local or general chairman of the union present.
NEVER allow the railroad claim agent or supervisor to pressure you to write anything in the report that is not true.
What to do if you are injured?
COMPLETE a written Accident Report.
Take photographs of hazardous conditions and defective equipment if possible.
Report your injury to your supervisor.
Request immediate medical attention.
Call your Local Chairman and an experienced railroad accident attorney from the team of attorneys at Youngdahl Law Firm, P.C. and Doyle Dennis Avery LLP for assistance completing the accident report and dealing with railroad officials.
Do not give a recorded statement.
Medical/Doctors
The first and immediate necessity is to obtain medical attention.
If needed you can be taken to the nearest hospital.
You have the right to be examined by a doctor other than the railroad’s doctor.
NEVER sign a medical authorization form.
Report All Injuries
CONSIDER
Minor injuries may get worse.
Reporting injuries late may result in many issues.
Minor injuries today may result in thousands of dollars loss to a railroad worker.
What Makes A FELA Case?
Railroad negligence
What did the railroad do wrong to cause the injury?
No negligence – no case
Just getting hurt at work does not mean the railroad owes you anything.
Do I Need an Attorney?
It depends on:
Lost time.
The severity of the injuries.
If you are being harassed or intimidated
If the Claim Agent hounding you for a recorded statement
If you want to return to work
The complexity of the facts.
Accident Report Examples
Union Pacific
BNSF Railway
Kansas City Southern
New Orleans Public Belt Railroad
CN US Properties
Call our Team Today!
The Youngdahl Law Firm, P.C. and Doyle Dennis Avery LLP Law Firm are proud to work together in helping our clients pursue the best recovery they can. Our attorneys share decades of experience in fighting for our clients in every court room they step in. The attorneys at Youngdahl Law Firm, P.C. and Doyle Dennis Avery LLP law Firms possess skills and expertise acquired through a track record of proven verdicts and settlements. Our attorneys understand what it takes to get a client and their family the much-needed relief a settlement or jury verdict can bring. Please call today for a free consultation regarding your options after a railroad workplace accident.