Railroad work is dangerous, and injuries happen fast. In the chaos that follows a workplace accident, filing an incident report isn’t always the first thing on a hurt worker’s mind. Sometimes the injury doesn’t seem serious at the moment. Sometimes a supervisor brushes it off. Sometimes the pain doesn’t really set in until hours or days later, after the shift is over and the chance to file a report has already passed. By the time the worker realizes how badly they’re hurt, the official paperwork may never have been started.
The question many injured railroaders ask is whether they still have a case. The short answer is yes, they often do. An incident report makes the claim easier to prove, but it’s not required to file one. At Shapiro, Washburn & Sharp, our Virginia FELA lawyers have handled hundreds of railroad worker injury cases over the past four decades, and we’ve seen plenty of valid claims move forward without one. A skilled FELA lawyer knows how to work around a missing report and build a strong case using other evidence.
That said, what you do in the hours and days after an injury can shape what’s possible later. Understanding how the Federal Employers’ Liability Act actually works is the first step.
What FELA Requires and What It Doesn’t
The Federal Employers’ Liability Act was passed by Congress in 1908 to protect railroad workers who get hurt on the job. Unlike most American workers, railroaders aren’t covered by state workers’ compensation systems. Instead, FELA gives them the right to sue their employer in court when negligence causes their injuries. The worker has to prove that the railroad was at least partly at fault, but the bar for proving fault is intentionally low. As the U.S. Supreme Court has explained, the railroad can be held liable if its negligence played any part, even the slightest, in causing the injury.
Nothing in the text of FELA requires the worker to have filed an internal accident or incident report. The statute of limitations is three years from the date of injury, and that’s the deadline that actually matters. The internal report is a railroad procedural requirement, not a legal one. Railroads strongly encourage these reports because they create an early paper trail that the company can use. The reports help the railroad more than they help the worker in most cases.
Why Reports Get Skipped or Delayed
There are many reasons an injured railroader may not have filed a report immediately after an accident. Some of them include:
- The pain didn’t show up until after the shift ended
- A supervisor discouraged or talked the worker out of filing
- The worker feared discipline, retaliation, or being labeled accident-prone
- The injury seemed minor and only worsened over time
- A condition like a herniated disc or rotator cuff tear developed gradually
- The worker was treated at the scene and assumed the situation was handled
- An occupational disease, like lung cancer or hearing loss, took years to surface
Cumulative trauma cases are particularly common in railroad work. Track maintenance, switching, locomotive operation, and other crafts involve years of vibration, awkward postures, and heavy lifting. Workers don’t always know when the injury “happened” because it didn’t happen on a single day. There’s no accident to report in the traditional sense.
What You Can Do If No Report Was Filed
A missing accident report doesn’t end the case. It just shifts the focus to other evidence. Witness statements from coworkers who saw the incident or saw you struggle afterward can carry serious weight. Medical records that show treatment for the injury and link it to the work activity matter a lot. Email or text messages to supervisors, union representatives, or family members about the injury can help establish a timeline. Maintenance and inspection records may show the unsafe equipment or condition that caused the problem. Photographs taken in the days that follow, even by a family member, can preserve evidence that the railroad would rather see disappear.
If you didn’t file a report at the time, file one as soon as you realize you’re hurt. It’s not too late. The report doesn’t have to be filed on the day of the accident to be useful, and most railroad workers don’t realize their internal reporting deadline is shorter than the FELA filing deadline. Talk to your union representative. Don’t give a recorded statement to a railroad claim agent without first speaking with a FELA lawyer who represents workers, not the railroad.
The railroad’s claim department exists to limit what the company pays out. Their job and your interest are not the same thing.
A Firm With Decades of FELA Experience
Shapiro, Washburn & Sharp has represented injured railroad workers across the eastern United States since the mid-1980s. The firm’s attorneys have written and co-authored books on railroad injury law, including a legal treatise that’s used as a reference by lawyers around the country, and have served in leadership positions with the largest national trial lawyer organizations focused on railroad work injuries.
The firm also stays involved in the communities it serves, supporting local schools, youth programs, and safety initiatives across Hampton Roads. Helping injured workers and helping prevent the next preventable tragedy are part of the same long-running commitment.
If you’ve been hurt while working for a railroad, contact an experienced FELA lawyer to find out what your options may be, whether or not you filed an internal incident report. Railroad injury claims are complex, and the railroad’s lawyers and claim agents have a head start the moment an accident happens. Our attorneys have extensive experience helping injured railroad workers recover the compensation they deserve, like the $1.5 million jury verdict we obtained for a bridge worker who suffered a crushed leg and chronic pain syndrome after a poorly controlled bridge timber struck him on the job.
If you or someone you love was injured working for the railroad, the team at Shapiro, Washburn & Sharp is ready to listen. Contact us at 833-997-1774 for a free consultation to discuss your situation. Our firm has offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we represent injured railroad workers across Virginia, North Carolina, and beyond.