If the railroad sends a claim agent to ask for a recorded or written statement, the injured employee should first contact an attorney with FELA experience or a union representative. The goal of the claim agent is to minimize the monetary claim against the railroad. All FELA claims involve a period of investigation, which the railroads will use to their interest. Remember that the railroad has much greater resources and experience for FELA cases than you do. Contacting an attorney with experience in railroad cases can significantly increase your chances of winning. All of the following tactics have been used by railroads in defense of their interests:

• Medical attention. Failure to seek medical attention is viewed by railroads as proof that the injury is not serious. If you are injured, seek prompt medical attention. If railroad personnel attempt to convince you otherwise, do not listen.
• Accident reports. If an accident is not promptly reported in writing, the railroad will allege that a late report indicates a false report.
• Video surveillance. Railroads commonly compile a video record of injured employees, to review in hopes of catching an inconsistency. Expect to be recorded during medical visits, while you are at home and other places in the community.
• Conflicting statements. Expect to be contacted several times by the railroad. They will ask for a statement each time, in an effort to create inconsistent reports. Your statements will be compared to your written reports, the statements of your manager and claim agent, and medical reports. Remember: do not make any statement without first consulting with an attorney. Once you have retained an attorney, the railroad cannot legally communicate with you about your case without your attorney being present.