According to the rules of most major Railroads "You are only required to fill out an accident report".
- You are not required to give the Railroad claims agent either a written or tape recorded statement even though they may likely give you the impression that you are, and in fact they will tell you that you must in order to receive financial assistance.
- A tape recorded statement almost never helps your case. In most instances it severely damages your case because, Railroad Claims agents have been instructed by their Attorney's on what to ask and what not to ask, and how to write up the statement in the most legally and factually unfavorable way to your case.
"The Railroad has a non-delegable duty to provide you with a safe place to work". Under the Federal Employees Liability Act they must:
- Use reasonable care to provide its employees with a safe work environment.
- Provide reasonably safe, proper and suitable tools, equipment and machinery.
- They have a duty to provide sufficient help to perform an assigned task.
- A duty to not order workers to perform work beyond their physical capabilities.
- A duty to promulgate and enforce safety rules.
- A duty to warn employees of hazardous and unsafe working conditions.
What to do when injured:
1. Go to a competent doctor and tell him how your injury happened and what parts of your body are hurt. No matter how minor your pain might be, it could become more serious as time goes on, and what you tell the doctor in the beginning may become important later.
2. Fill out the Accident Report required by the Book of Rules when you are physically and mentally able to do so.
- List any defects in the equipment or work area.
- Note the names of all witnesses.
- Keep a copy of the accident report.
- Do NOT give any written or recorded statements to the claims agent.
3. If in doubt on what to do, contact a union approved attorney. Kaplan Law Corporation (800) 552-7526
Remember…..
- "The best help you can give a friend in need, is a referral to a competent designated legal counsel who will protect them and their legal rights".
- "By getting to a competent doctor and a competent attorney immediately, you minimize the damage that can be done to your case by the Railroad and/or the company doctor".
- "Under the Federal Employees Liability Act it is "Your Legal Right" to have legal representation if you are injured in the line of duty".
- "You have the right to go to the doctor of your choice, you are not required to go to the Company doctors that the Railroad would like you to go to".
JAY A. KAPLAN
KAPLAN LAW CORPORATION
Union Approved F.E.L.A. Attorneys
This website is intended expressly for informational purposes only. The content included in this website is not legal advice and should not be relied on as such. Legal advice cannot be given without due consideration of all relevant information concerning your specific situation. No attorney-client relationship is created by viewing, downloading or making any other use of the website. The Kaplan Law Corporation in association with Stolpman, Krissman, Elber & Silver (SKES) represent clients only upon execution of a duly signed retainer agreement.