ROSSI, COX, VUCINOVICH & Flaskamp P.C.
FELA 101: WHAT TO DO IF YOU ARE INJURED ON THE
JOB
Q: What is the FELA?
A: The FELA, or Federal Employers’ Liability Act, is
a Federal Law that protects the rights of Railroaders if they
are injured on the job. It provides that an injured employee may
seek compensation for all of his or her damages within three
years from the time of the injury. It is regarded as one of the
best laws for injured workers because it provides a system of
full and adequate compensation for injured railroad employees,
while at the same time promoting rail safety and safe working
conditions for the benefit of all railroad employees. It is a
fault-based system and state worker compensation laws do not
apply. More information may be obtained from your Designated
Legal Counsel.
Q:
Where and to whom do I report my on-duty injury?
A: Report your injury to your fellow workers as soon
as possible. Make sure they observe any unsafe equipment, tools
or ground conditions involved in the injury.
Please Note: Railroad injuries are not covered under any state
worker compensation or state statutes (see below).
Q: Do I complete an injury report?
A: Yes! Complete the injury report identifying any
and all unsafe cars, equipment or unsafe work procedures
contributing to the injury. Make sure you list all body parts
known to be affected at the time of the injury. You must also
inform your immediate supervisor of any on-duty injuries.
Q: Who else should I contact?
A: If you are injured it is always a good idea to
contact your local union official as well as your UTU approved
Designated Legal Counsel, like Rossi, Cox & Vucinovich, P.C.
Q: Where should I seek medical care?
A: In many cases, the Railroad will try to insist
that you be seen by a company-referred physician or medical
facility. If possible, make effort to see your own treating
doctor or contact Designated Legal Council for names of doctors
in your area.
Q: Do I have to give a statement?
A: No. The injured party does not have to provide
any type of written or oral statement beyond completing the
personal injury or accident report. If asked to participate in a
“re-enactment”, you should only do so if a union official is
present and you are physically able to participate without risk
of injury or pain.
Q: What records and information should I keep?
A: You should attempt to obtain copies of all injury
reports, inspection records, photographs, delay reports,
inspection reports, etc. These items maybe important in
establishing date, time, location, unsafe conditions, potential
witnesses, the nature and extent of your injuries, etc.
Q: When should I contact Union Designated Legal Counsel?
A:
Your UTU Designated Legal Counsel, like Rossi, Cox, Vucinovich &
Flaskamp
P.C., have toll-free numbers answered 24/7: 866-357-7245. As
designated experts in FELA law, the attorneys at RCV can provide
appropriate counsel and information that is confidential and
free.
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www.paoli-law.com
Paoli,
Latino,
Kutzman,
P.C.
