Railroad workers in West Virginia and the rest of the country have certain protections under the Federal Employers Liability Act in the event they are injured while performing their job duties. The steps they take immediately following their workplace injuries can impact their rights and claims under FELA.
The injury should be reported as soon as possible to the worker's supervisor. The worker should also fill out an injury report form if their injuries allow them to. When completing the form, accuracy and details should be used when addressing the injuries as the form is likely to have a significant role in the later stages of the FELA claim. Information such as the conditions, causes and factors the workers believes contributed to the accident should be included.
Injured workers should complete a report separate from the personal injury form they completed for their employers as it likely to be useful to any attorneys they hire. They should be just as accurate and detailed with the information they provide.
Medical attention is also crucial, and the employer is very likely to make sure that the injured worker is administrated medical treatment, particularly in situations in which there is an emergency. However, once the worker has received initial medical treatment, he or she should obtain an independent medical evaluation as well as any other necessary treatment from his or her own physician. A person should be frank with his or her physician regarding any pain or complications that he or she may be experiencing due to the workplace incident.
A personal injury attorney that handles FELA claims may advise injured railroad workers about what legal steps to take to obtain financial compensation for injuries that resulted from a train accident caused by derailment, a negligent conductor, a dangerous railroad crossing and other factors. A lawyer may also explain what rights workers have under FELA.