The Importance of Reporting Injuries Under FELA
“Rule 45. PERSONAL INJURIES
Employees injured while at work will be required to make a written report of the circumstances of the accident just as soon as they are able to do so after receiving medical attention. A copy of such report will be retained by the employee. Proper medical attention shall be given at the earliest possible moment and employees shall be permitted to return to work just as soon as they are able to do so without signing a release, pending final settlement of the case. All claims for personal injuries must be handled with the Personal Injury Claim Department.”
This rule underscores the vital importance of taking workplace injuries seriously. As a railroad worker covered under the Federal Employers Liability Act (FELA), you have both the right and responsibility to report any injury you sustain while on the job.
Don’t Minimize or Joke About Injuries
Downplaying an injury, even with the best intentions, can have serious consequences. Treating injuries as minor or making light of them may discourage others from reporting their own and could lead to unsafe work conditions being overlooked. Worse, it could jeopardize your ability to receive proper compensation and medical care if the injury turns out to be more serious than it initially seemed.
Why Reporting is Critical
The written accident report required by Rule 45 serves as your official statement. This document is not only mandatory but is also crucial in protecting your rights under FELA. It ensures that your injury is documented, including the circumstances surrounding it, and it provides evidence that could be essential if you need to pursue a claim.
Steps to Take After an Injury
To safeguard your health and your rights, follow these steps if you’re injured on the job:
1. Report the Injury Immediately – Notify your supervisor.
2. Seek Medical Attention – Get proper treatment as soon as possible. If asked as railroaders we are not covered under workers comp.
Seeking medical treatment means you do not have to answer any questions from a railroad officer (foreman, superintendent, etc.) until you have received medical attention AND are able to do so.”
3. Complete the Accident Report – Include detailed and accurate information about the incident; remember, this report is your statement. GET A COPY OF YOUR STATEMENT. Always refer to your statement when asked for more information.
4. Avoid Recorded Statements – Do not provide any recorded statements to claim agents without first consulting your union representative or legal counsel.
5. Document Everything – Keep track of the injury’s impact on your daily life, including medical visits and lost work time.
Foster a Safe Work Environment
By reporting every injury, no matter how minor, you help maintain a safer work environment for everyone. Workplace injuries are no laughing matter—they deserve to be taken seriously and addressed properly.
Under FELA, you have the right to fair compensation for injuries caused by employer negligence. Ensure you follow Rule 45 and seek guidance from your union representatives to protect yourself and your coworkers.
For assistance or more information, contact your local union representative.
See this link for more information (Basics of FELA)
Follow this link for the steps to take when you go out for an injury (Life Just Hit Me, Now What?)
