Am I Required to Provide a Statement After a Railway Injury?

If you sustain an injury as a railroad worker on the job, it can cause serious problems, even if they come under the scope of the Federal Employers’ Liability Act. Regrettably, a single mistake in what you say could be all it takes for you to receive minimal financial compensation. Before you say or sign anything, you should wait until you have the aid of a respected FELA attorney who can ensure you receive all of the damages you are entitled to. 

Why should I wait to give a statement after being injured as a railroad worker?

The renowned Virginia railroad injury attorneys at Shapiro, Washburn & Sharp believe that all railroad workers are entitled to a safe working environment. If you sustained an injury during the course and scope of your employment with a railway company, give us a call today for a free evaluation of your potential claim. 

Why is the Claims Adjuster Asking Me for a Statement?

The claims adjuster for the railway company is going to seem oh-so sympathetic toward you and your injuries. It is imperative to remember that this person is not your friend. They only seem interested in your version of events because they are looking to poke as many holes in your story as they possibly can.  

The Federal Employers’ Liability Act only applies if railway negligence was responsible for your injuries. If you got hurt tripping over your own feet, you will not be entitled to collect compensation. If you slipped due to a leak coming from a piece of equipment, however, you would be eligible to file a FELA claim.   

In this example, a claims adjuster will do everything in their power to get you to admit fault inadvertently or ask you questions that get you to unintentionally confirm that your workplace is safe. They might ask questions such as, “The area was well-lit, wasn’t it?” or “The working conditions at your job site are safe, right?” Both of these are leading questions. A leading question is one that is asked for the sole purpose of manipulating your answer

What Should I Do After a Railway Injury?

It is important to remember that you are not legally obligated to provide anyone with a statement immediately after a railway injury. You do need to complete a written incident report, but unless your employer demands it, you don’t have to talk with a claims adjuster.

In fact, it is in your best interests to delay speaking with the adjuster until you have discussed the facts with a qualified railway attorney. Going directly to the hospital for medical attention is a good way to avoid talking to anyone while still getting the care you need.  

In some cases, the railway company might threaten to terminate you if you won’t provide them with a recorded statement. If this happens, state that your interview is being performed under duress to keep it from holding up in court. Likewise, if you choose to give a statement, keep it as vague and to the point as you possibly can. Never give any unnecessary information. Unfortunately, this also limits the details you can provide about your unsafe working conditions. This is why you should always consult with an experienced personal injury attorney first.  

Speak With an Experienced Lawyer

The railroad injury attorneys from the law firm of Shapiro, Washburn & Sharp have been achieving successful results to Federal Employers Liability Act claims for over forty years. 

If you sustained an injury during the scope and course of your job duties as a railroad employee, please schedule a free evaluation of your case by calling our Norfolk-area law offices at (833) 997-1774 or by filling out the form on our website. 

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