Our FELA lawyers are often asked by injured railroad workers if their case will be impacted because they didn’t file an accident report right away. Do they still have the right to sue under federal law or to hire a lawyer? The answer is yes. The Federal Employers Liability Act (FELA) does not require them to file a company-mandated accident report. That report filing falls under the company’s rules, not FELA rules.
If you’re a railroad worker who has sustained an on-the-job injury, our team at Shapiro, Washburn & Sharp is here to help. We handle cases on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today at 833-997-1774 for a free consultation.
What Is a FELA Claim?
FELA was enacted to protect railroad workers who are injured on the job. It allows them to seek compensation for their injuries through a civil lawsuit rather than the workers’ compensation system.
FELA aims to provide a legal avenue for railroad employees who suffer injuries due to employer negligence. Unlike typical workers’ compensation claims, FELA allows employees to prove fault, potentially leading to higher compensation.
To be eligible to file a FELA claim, you must be a railroad employee, and the injury must have occurred while performing your job duties. The employer must be negligent in some way, contributing to the accident or injury. If you are unsure if your case meets the criteria for a FELA claim, one of our lawyers who specializes in railroad injury cases can evaluate your case and determine what your legal options are.
What Is the Purpose of a FELA Accident Report?
Filing an accident report serves as an official record of the event, detailing the circumstances surrounding the injury. This can be critical for establishing the facts of the case.
An accident report can include witness statements, photographs, and other evidence that may be pivotal in proving your claim. The more detailed the report, the stronger your legal position may be.
Notifying your employer through an accident report ensures they are aware of the incident, which is often required for internal investigations. It also shows that you are taking the injury seriously and seeking to address it properly.
What Happens If I Don’t File a Report?
There is the potential that not having a report could weaken your case because, without documentation, it can be more challenging to establish the details of the incident and your employer’s negligence. It is that negligence that is essential to being successful in a claim. If there is no report, your employer may be more inclined to challenge your account of the incident because they think they now have a stronger defense.
However, the FELA lawyers at Shapiro, Washburn & Sharp are happy to represent an injured railroad worker even if they have not filed an injury report. Your lawyer will thoroughly analyze your case for evidence we can use to prove your case. We can use any medical records that show you sought medical care shortly after the incident and interview any corroborating eyewitnesses to your accident.
Although your employer may discipline you for failing to file an injury report under rules the company has, that action has nothing to do with the legitimacy of your FELA injury claim.
How Can Your Railroad Injury Law Firm Help?
Our law firm has represented hundreds of railroad workers since the 1980s, handling their FELA claims throughout the eastern U.S.A., and one of our firm’s attorneys co-wrote the treatise: “Railroad Health & Safety: A Litigator’s Guide,” found in most of the nation’s law libraries.
Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced railroad asbestos attorney. Let us help you seek the justice and compensation you deserve.