Brennan Law Firm, P.C. – Specializing in FELA Law

Things You Should Know

Things you should do

    • Report your incident to the company and notify your union representatives as soon as possible.
    • Fill out a company provided accident report when you are clear of mind and completely coherent.
    • Tell all doctors about any past injuries you may have had to the same area of your body that you injured.
    • Give a complete accident history of what happened to every doctor who treats you.
    • Get the name, address, and phone numbers of all possible witnesses to your injury or who may have knowledge of the conditions or equipment that caused your injury.
    • Get car or equipment numbers as well as pictures if possible.
    • Keep a daily diary after the accident recording how you are feeling, what activities you are able and unable to do, as well what healthcare providers you have seen and the treatment they have provided.
    • Call us for free comprehensive advice and guidance.

      Things you should not do

        • Allow company officials to question you before you receive proper medical treatment. If you are injured and request immediate medical attention, federal law prohibits company officials from delaying your treatment in an effort to question you. It is also a violation of the Federal Hours of Service Act for a railroad to require you to return to railroad property after seeking medical treatment if your on duty time plus medical treatment time exceeds the allowable hours on duty under the Act.
        • Allow company officials or “case managers” to enter your medical treatment room.
        • Give a statement to any company official or claim agent; unless required to do so by local rules or your particular collective bargaining agreement. Very few railroad workers are required to give statements. Call you local chairman if you are unsure about what is required of you.
        • Complete and sign a company accident report if you are not fully coherent, such as when you are under the influence of prescription medications.
        • Allow company officials to dictate or influence the type of medical treatment you receive or want.
        • Be talked out of prescription medication, if you feel you need it. Railroad officials often attempt to do this in order to keep your injury from becoming reportable under the FRA’s guidelines.
        • Participate or otherwise be involved in any activity(s) the doctor tells you not to do.
        • Discuss or share personal information about your medical treatment or recovery with anyone, including co-workers.