Usually, if an accident occurs while you’re working in the railroad industry, an accident report is filed. This isn’t always the case, though. What if you were injured on the job, but there was no accident report? Can you still bring a FELA claim against your employer?
The short answer is “yes.” Find out more below, and feel free to contact our Virginia Beach railroad accident injury attorneys for help. We offer a free initial consultation and can help you determine your legal rights regarding your railroad-related injury or disease.
What Is An Accident Report in Railroad Settings?
An accident report is an official document that contains information about the circumstances surrounding the incident. It will include the date, time, location, parties involved, and any injuries sustained. Such a report creates a record of any on-the-job accidents and can be used by employers seeking to improve safety measures and as evidence in a personal injury claim.
The law does not require a railroad company, however, to file such a report in every situation. They are only required to file the report when the employee is going to miss at least some work time, is hospitalized, or when prescription medications are prescribed (along with other less common reasons).
Some railroad companies encourage or require their workers to report accidents, but they will try to convince the worker not to miss work or to accept non-prescription medications. In reality, the circumstances dictate if a report must be filed, as reports are provided to the Federal Railroad Administration for various safety and statistical reasons.
The bottom line: no railroad wants an accident report filed if it can figure out a way to avoid it.
This can raise questions, however. If you were injured on the job, you may wonder if the lack of an official report bars you from filing a claim. Fortunately, under FELA, the lack of a report doesn’t stop an injured worker from seeking compensation or from filing a suit within the applicable statute of limitations.
Can I Bring a Claim Without an Accident Report?
Yes, an injured worker can still bring a legal claim even if there is no official report of the incident. FELA allows railroad employees to seek compensation for their injuries or occupational diseases caused by their employer’s negligence. There is no statutory or regulatory requirement of any accident or injury report.
FELA was enacted to protect railroad workers who were injured on the job. The critical factor is timing. A worker must file their claim within three years of either:
- The date of the accident or injury, or
- The date the worker knew or reasonably should have known about their claim in the case of occupational diseases or cumulative injuries.
If you find out years after leaving railroad employment, for instance, that you have developed mesothelioma caused by asbestos exposure at your railroad job, you would have three years from the date you discovered that diagnosis was connected to your occupational workplace to file a claim.
It’s often the case that an employee may not immediately recognize that they have a health condition related to their time on the job. That’s why FELA allows for the three-year clock to start ticking only when you realize the connection between your work and your injury or illness.
How Do I Proceed Without an Accident Report?
If you don’t have an accident report, other types of evidence can still support your claim:
- Medical Records: These provide documentation of your diagnosis and treatment, and often show the connection between your condition and your workplace exposure.
- Witness Testimony: Statements from coworkers or others who witnessed the accident or hazardous conditions can be helpful in your case.
- Photographs or Videos: Visual evidence of the work environment, equipment, or injuries can also be helpful.
- Employment Records: These provide proof of your work assignments, job duties, and hours worked.
- Asbestos Records: Our railroad accident attorneys have access to all sorts of railroad records containing data on asbestos-containing products, including inventories, and evidence relating to the abatement (removal) of asbestos from all sorts of railroad equipment and facilities.
A skilled FELA railroad injury attorney can help you gather these and other forms of evidence to build a compelling argument in your favor.
How Can a Railroad Accident Attorney Help?
FELA claims can be complex, and our nationally recognized Virginia Beach railroad attorneys have years of experience handling them. Firm partner Richard N. Shapiro has twice served as Chair of the Railroad Law Section of the nation’s largest trial lawyers association. When you get us on your side, you increase your odds of getting the compensation you deserve.
Here’s how we can help:
- Case Evaluation: We will assess the facts of your case to determine whether you have a viable claim under FELA.
- Evidence Collection: We will conduct investigations, secure witness statements, and gather the documentation needed to present a strong case.
- Filing Deadlines: We can help you ensure that you file your claim within the three-year window.
- Dealing with the Railroad Company: With our attorneys on your side, you will not have to deal with the company yourself. We will handle communications and negotiations.
- Litigation Expertise: We will do our best to settle your claim out of court, but if the case does go to court, we have the experience needed to present your FELA case persuasively.
If you’ve been injured on the job or believe that your occupational disease is work-related, don’t let the absence of an accident report discourage you. Contact our firm today for a free initial consultation. We can help you obtain the maximum amount of compensation in your case, as we did for this railroad worker who suffered a back injury while trying to manipulate equipment. We helped him recover $400,000 in a confidential settlement.
You can contact our offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.