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| FEDERAL EMPOLYERS LIABILITY ACT l Frequently Asked Questions |
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There are more than 100,000 miles of rail line throughout the United States. While passenger use has declined, rail transportation still plays a vital role in shipping freight and goods. While rail transportation is vital to the economy, it comes at a heavy cost. Thousands of workers suffer at-work injury or death while employed by railroads annually. Passenger accidents, while rare, have the potential to cause severe harm. Most importantly, a train strikes a vehicle or pedestrian at a crossing at an average rate of once every two hours. Not only do these accidents injure and kill those struck by the train, but they can cause derailments and injure or kill the train crews and passengers as well.
Railroad injury law is complex. A lawsuit for damages incurred through a train accident has varying chances at success, depending on the type of accident and the relationship between the railroad and the person injured. These factors determine which laws govern a lawsuit. If you or a loved one has been injured by a train, you should consult with a personal injury attorney with experience in train accidents.
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IMPORTANT POINTS TO REMEMBER IF YOU ARE INJURED WHILE WORKING:
In the unfortunate event that you are injured, please keep in mind the following:
- Report the incident immediately to your supervisor. This should be done even if you think the injury is minor and you hope it will go away. Any delay in reporting the injury could jeopardize your claim and result in the railroad charging you with failure to make a claim;
- Prepare written details about the incident for your personal records. Include your assignment for the day, when and where you reported to work, what work you performed before the accident, exactly how the accident happened, who witnessed it, what the railroad did wrong, etc.;
- Obtain the names and contact information of any witnesses. Witnesses cannot be fired or disciplined for providing facts pertaining to the incident or testifying in court;
- Immediately take photographs or videos of the defective or dangerous equipment, ground conditions or work environment;
- Seek medical attention. Go to the emergency room or your own physician as soon as possible. Remember, you have the right to treat with the physician of your choice. Be sure to follow your doctor’s instructions. Do not allow company officials to be in the room while you consult or receive treatment from a health care provider. Keep a written record of all treatment dates, the nature of each treatment, medications, and any pain and limitations you may experience;
- Take periodic photographs or videos of your injuries;
- Contact an attorney. As soon as possible, you should contact an attorney to advise you of your rights. Most attorneys will provide you advice free of charge and without being retained. This free consultation will insure that your rights are being protected;
- Contact your union representative. Your local chairman will be a valuable source of information;
- Complete an accident report. You will be asked to complete an accident report for the railroad after you report the incident to your supervisor. Remember that anything you say or write down can be used against you. Do not attempt to fill out the accident report until such time as you are physically and mentally ready. On the accident report, you should accurately state what you felt the railroad did wrong to cause or contribute to your injury. Do not hesitate to ask that your union representative or your attorney be present when this form is being completed. You should never permit the railroad claims agent or your supervisor to put anything in the accident report that is not accurate. A sample of a “Report of Personal Injury or Illness” is attached for your review with some suggested responses (See the Table of Contents). Be sure to keep a copy of everything you fill out;
- Do not attend any hearing or investigation without attorney/union representation;
- Keep a record of your lost wages. Be sure to keep track of your lost time and any overtime you would have worked. If possible, identify a co-worker who would have worked the same hours as a supporting witness;
- Be cautious of railroad claim agents. These people are highly trained investigators who represent the interests of the railroad not the injured worker; and
- Never sign a release form without first having it reviewed by an attorney.
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"Contact an train accident lawyer to schedule your initial free consultation."
Remember that the laws in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas are different. You should consult with a locomotive / railroad injury lawyer who is familiar with the laws of the State in which you were injured and has experience taking on large insurance companies in the pursuit of compensation for victims of personal injury accidents. |
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GENERAL INFORMATION |
Major U.S. Railroad Companies:
- Union Pacific Corporation
- Burlington Northern Santa Fe Railway Company
- CSX Corporation
- Norfolk and Southern Railroad
Railroad Workers' Unions:
- Brotherhood of Locomotive Engineers and Trainmen
- Brotherhood of Railroad Signalmen
- Brotherhood of Maintenance of Way Employees
- Brotherhood of Railway Carmen
- Transportation Communications International Union
- National Conference of Firemen and Oilers of SEIU
- Sheet Metal Workers’ International Association
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Railroad Retirement Board:
Contacts:
- United Health Care (800) 842-5252
- Aetna/US Healthcare (800) 842-4044
- Aetna/US Healthcare Dental (877) 277-3368
- Value Option (MHSA) (800) 934-7245
- Paid Prescriptions (Rx) (800) 842-0070
- Met Life (800) 310-7770
- Provident Supplemental Sickness (800) 542-4231
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If you would like to schedule a free initial consultation regarding a train accident related injury, please contact the Shanks Law Firm at (712) 322-2600 or complete our inquiry form.
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© MMVIII Shanks Law Firm. All Rights Reserved Address: 409 West Broadway, Council Bluffs, Iowa 51503 Toll Free: (888) 322-2608
Tel: (712) 322-2600 Fax: (712) 243-2132 Email: info@councilbluffsfelaattorney.com |
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Council Bluffs, Iowa based attorney practicing in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas which include the cities of Council Bluffs, Glenwood, Red Oak, Sioux City, Atlantic, Sidney, Logan, Onawa, Clarinda, and Harlan and the communities that make up Pottawattamie, Mills, Montgomery, Cass, Fremont, Woodbury, Harrison, Monona, Page, Shelby counties in Iowa and Omaha, Blair, Fremont, North Platte, South Sioux City and the communities that make up Douglas Washington, Lincoln and Dakota counties in Nebraska. |
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