If you sustained an injury as a railroad worker, documenting every single detail of the incident is essential for building a strong case. Whether the injury was the result of long-term exposure to harmful chemicals, hazardous working environments, or a serious accident, the way you choose to document the claim will play a significant part in the outcome. Appropriate documentation will ensure that you obtain the compensation to which you are entitled, such as pain and suffering, income replacement, and even medical expenses.
If you experienced a workplace illness or injury in your capacity as a railway worker, understanding the Federal Employers’ Liability Act process and the steps you should take will help you protect your rights and your compensation. Unfortunately, many railroad employees underestimate the importance of documenting the losses they have faced. While it might seem like a hassle, especially if you are severely injured, ensuring that your injuries are properly documented will reinforce your FELA claim, and by extension will also increase the odds of a favorable result. In this blog, you will learn why partnering with a FELA railroad injury attorney is vital to securing the financial compensation you deserve after an injury caused by railroad employer negligence.
The experienced FELA attorneys at Shapiro, Washburn & Sharp bring over 100 years of combined legal experience advocating for injured railroad workers in both federal and state courts. Our firm has secured hundreds of favorable results in a wide range of FELA claims, including cases against all of the major railroad companies operating in the eastern U.S.A. If you’ve been injured on the job due to your employer’s negligence, contact us today to schedule a free case review and find out how we can help protect your rights.
Why Is Documenting My Railroad Injury Important?
As a railway employee, your occupation exposes you to numerous hazards, from dangerous working conditions to heavy equipment malfunctions. If you are hurt, the way you choose to record the accident can influence the total amount of compensation you are able to recover.
Proper documentation is vital when it comes to:
Establishing What Caused Your Injury
Federal Employers’ Liability Act cases require you to prove that your injury happened while you were performing duties directly related to your job, but importantly, the railroad must be proven to be negligent or to have violated a railroad safety regulation or statute. Appropriately documenting where and how your injury took place is paramount to establishing this link. For instance, if your injury was the result of a dangerous working environment or defective machinery, those details must be noted.
Building a Strong Case for Damages
The outcome of a FELA case usually relies heavily on documentation supplied by the victim. Eyewitness testimonies, official accident reports, and detailed medical records can help prove the severity of your damages and the impact they have had on your daily life. Without this evidence, it becomes considerably more challenging to demonstrate that the railroad committed negligence, that you were injured as a result, and that you are entitled to financial compensation.
During the time that you were involved in seeing medical doctors, you want to record all of the dates of visits on a calendar and also keep notes on your calendar of the specific pain or inconvenience you were suffering relating to having to handle doctor visits, physical therapy, or other forms of inconveniences.
What Are Some Common Mistakes That Can Hurt My Claim?
A lot of personal injury claims are complicated by omissions in documentation and other small mistakes. For instance, not reporting the accident to your employer in a timely manner, failing to get eyewitness names and statements, failing to take pictures of the damaged equipment or of bodily injuries, or not attending a scheduled doctor’s appointment are all missteps that could ultimately jeopardize your case. Exhaustively documenting every aspect of your accident will help safeguard your claim and decrease your risk of encountering delays and disputes.
How Do I Properly Document My Railroad Injury?
Documentation should begin right after your injury takes place. What follows is a step-by-step guide that explains how to accurately record the details most likely to strengthen your case:
Seek Medical Attention Right Away
Even if you think you escaped unharmed or your injury is insignificant, it’s important to get medical attention as quickly as possible. Many accident-related injuries do not display immediate symptoms, and postponing medical care can make it more difficult to establish the cause and true extent of your injuries down the road.
Report the Incident to Your Employer
Failing to report the accident to your supervisor or employer promptly could result in losing credibility. While an accident report is not legally required, every worker should try to report an injury as soon as possible to help document their case.
Get your employer to formally acknowledge your accident and injuries in writing and make sure you receive a copy of the accident report. Keep thorough notes of any conversations relating to the incident, including the time, date, and name of the person you spoke with.
Collect Proof
The more proof you collect at the scene of your accident, the more powerful your case will be. Be sure to note the precise area where the accident occurred, dangerous conditions, and damaged equipment, along with anything else that contributed to your injuries. Of course, take pictures if you have a cell phone with a camera.
Document your colleagues who were there when your injury occurred and get eyewitness statements from as many people as possible. Take down their contact details so you or your Norfolk FELA attorney can get a hold of them as needed.
Keep Track of Your Medical Treatment
Once you have received medical care, be sure to keep a detailed log of every medical treatment you receive. Recording your rehabilitation and small notes about things that bothered you or that you could not do due to the injury will help illustrate the long-term effects of your injuries.
Keep a folder or binder with all of your prescriptions, hospital bills, doctor’s notes, and any other bills, receipts, or invoices arising from your injuries. Write down the dates of your doctor appointments, follow-up visits, physical therapy appointments, and any updates to your condition. Consistent documentation will support your claim and strengthen your right to financial compensation for both current and anticipated medical expenses.
Work With an Experienced Norfolk FELA Attorney
When dealing with a FELA claim, the legal process for a railway worker injury is particularly challenging. You need to speak with a skilled Norfolk FELA attorney who is familiar with the Federal Employers’ Liability Act. Your attorney will make sure you meet all legal requirements and advise you on the best way to handle the documentation process. Railroad workers are not expected to know every safety regulation or statute that affects aspects of their railroad work environment, and that’s where an experienced FELA attorney can really be of vital assistance
Give your attorney copies of all the documents you gather, including accident reports, medical records, photos, and eyewitness statements, as well as any additional evidence you may have. Your attorney will use them to create a compelling case on your behalf.
What Are the Legal Requirements for FELA Claims?
Railway employees are covered under the FELA rather than traditional workers’ compensation. Although each case is different, some fundamental aspects of FELA claims are:
- Proving Negligence: Since FELA is fault-based, employees are required to show that their employer’s negligence played a role in their accident and subsequent injuries.
- The Statute of Limitations: Workers typically have three years from the day of or discovery of their injury to bring a claim under FELA.
- Compensation: FELA claims can provide financial compensation for damages such as lost earnings, Medical expenses, emotional trauma, and pain and suffering.
- Burden of Proof: With FELA’s more lenient burden of proof, workers only have to show that the rail company’s negligence contributed to the injuries that they have suffered.
Talk to a Norfolk FELA Attorney
Documenting each detail of your railroad injury is necessary when it comes to building an irrefutable claim. When you partner with a skilled Norfolk FELA attorney from the personal injury law firm of Shapiro, Washburn & Sharp, you gain an ally who knows the facts of your claim, can perform a thorough investigation, and collect witness statements, vital paperwork, and other critical evidence that bolsters your claim and ensures you obtain full and fair compensation. For instance, in a recent case, we obtained an $8.6 million verdict against CSX Transportation for a railroad worker exposed to radiation, diesel fumes, and asbestos on the job.
If you were diagnosed with an occupational illness or were injured on the job due to employer negligence, please reach out to our nationally recognized Norfolk FELA attorneys at (833) 997-1774 or via our online contact form to schedule a free legal consultation. Our offices are located in Norfolk, Hampton, Portsmouth, and Virginia Beach; however, our personal injury law firm is proud to represent injured and deceased railway workers across the eastern United States.