1. Keep Records And Get Witnesses' Names
- Write down the following information:
- Exact time, date, and location of your accident.
- Names, addresses, and phone numbers of witnesses who know anything at all about
the accident or its cause.
- The working conditions at the time of the accident.
- The equipment you were using and its condition.
2. Fill Out The Proper Personal Injury Report.
Read the form completely and carefully, and think about the questions before
Be specific about the things you are certain about.
Don't guess or speculate about the existence of defects or the causes of injury
if you're not certain.
If you have any difficulty in filling ou a personal injury report form, contact
3. Do Not Give Any Recorded Statement To The Railroad Concerning An Accident Or
Your Injuries Until You Have Been Fully Advised By An Attorney.
4. Get Medical Care From The Physician Of Your Choice.
- Seek out a physician independent of the railroad.
- If you've injured your back, neck, bones, or joints, see an orthopedic
specialist. If you have difficulty locating a specialist, contact us.
- When you visit the doctor, give a thorough account of when, how, and where you
- Under NO circumstances should a supervisor be allowed to accompany you into the
examining room or talk to the doctor about your medical condition.
- Do not sign medical release authorizations for the railroad after an injury.
5. If You Are Going To Be Off Work As A Result Of Your Injury:
- Sign up for sickness benefits immediately through the Railroad Retirement Board.
Contact us to get the forms for you.
- Sign up for any insurance benefits you are entitled to through your union
contract or personal disability insurance policies.
- Keep an accurate record of all sickness benefits, union benefits, and
advancements you receive. They will most likely be deducted from your settlement
- Do not accept light duty after your doctor has advised you to stay off work.
Returning to work prematurely may aggravate your injuries and affect the safety
of your co-workers. Light duty can also be used to reduce the amount of
settlement money you receive. For instance, lost wages are usually a large
element of damages in cases where the employee ultimately returns to work. If
the injured employee accepts light duty despite a doctor's restrictions, it will
lower the lost wages amount, thereby reducing the offers of settlement and the
- Protect your job security by filing the necessary documents to protect your
seniority with the company, as provided in the union agreement.
6. Consult An Experienced FELA Attorney for Advice.
- Ask an experienced FELA attorney what the law is and what your rights are in
your particular case.
Don't take the advice of the claim agent or a well-meaning, but uninformed,
supervisor, friend, or co-worker.
- In determining an attorney's ability to handle your case, consider the
- Their experience and ability with cases under FELA.
- The number of FELA cases they have handled or tried to jury verdict.
- Their success rate, either in or out of court.
- Their fee for representing you.
- Consulting an attorney is your best guarantee to protect your rights under FELA,
to ensure that the claim will be properly evaluated, handled, and presented, and
to collect every dollar that the law will allow for your injuries.
For a booklet containing this information and all the additional information
listed here on our web site concerning railroad injuries, please
contact us, and
we will send it to you at no charge.
A Warning Regarding Claim Agents
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Eckman, Strandness & Egan P.A.
319 Barry Ave. South Suite 100, Wayzata, MN 55391-0597
Mailing Address: P.O. Box 597, Wayzata, MN 55391-0597
(952) 594-3600 | (800) 328-1096 Fax (952) 594-3601
Copyright © 2004 Eckman Strandness & Egan
Friday, October 24, 2014