The railroad personal injury report is generally the first exhibit used at any FELA trial in the country. If completed correctly, accurately, and not under duress, it can be the most-useful tool to guarantee a fair and reasonable recovery in a FELA case. It is the functional equivalent of a police report in a criminal matter. If completed incorrectly, it will be the railroad's most-effective sword to deny employee recovery.

Negligence is the most hotly contested issue in any FELA case. Proof of negligence is required before an employee can trigger a recovery against their railroad employer. Even if negligence is proven, "contributory negligence" on the part of the employee can serve as a damage reducer. For example, if a jury finds the railroad 50% at fault and the employee 50% at fault and awards $100,000.00 in damages, the court reduces those damages in accordance with the employee's own fault.

Railroad personal injury reports vary, but generally all ask for the same information. The basic template includes:

• Background information (name, address, date of injury, location of injury, etc.)
• Description of injury
• How did the injury occur?
• Who is at fault?
• Were there any witnesses? Who were you working with?
• Will you seek medical treatment?

Juries often consider the injury report the most-accurate reflection of what occurred related to the incident and resulting injury.

The following critical steps need to be followed after you are injured and before you complete your personal injury report:

• Notify a crewmember or someone you are working around that you have sustained an injury, thus corroborating the incident
• If possible, show the crewmember or nearby fellow employee the condition that caused your injury (i.e., debris in the walkway, etc.)
• Notify your immediate supervisor that you are hurt and can no longer continue working
• Advise your supervisor that you need medical attention
• Contact your local chairperson or another union representative to advise them you are obtaining medical treatment related to an on-duty injury
• Contact Designated Legal Counsel (DLC) to obtain legal advice about the specific facts of your situation
• Do not complete your injury report while at the hospital or under the influence of any medication
• Do not allow a trainmaster or any other railroad supervisor inside the hospital or doctor examining room to question you
• Be certain you are rested and not under the influence of any medication prior to sitting down to complete your report
• Make sure to follow-up with YOUR own doctor. If you do not have a family or primary care doctor -- establish one now.

Congress passed FELA in 1908 in response to these high numbers of railroad injuries and deaths. Under the Act, a railroad shall be liable in damages to any person suffering injury while employed by such carrier -- for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

FELA was not intended to be awarded automatically. Unlike workers' compensation provisions in state laws, FELA requires the injured railroader to prove that the railroad was "legally negligent," at least in part, in causing the injury. After proving negligence, the injured railroader is entitled to full compensation.

In the 100 years following the enactment of FELA, 26 bills were introduced to replace FELA with workers' compensation. Congress refused in each instance. These attacks have continued to the present, and in each instance they have been rebuffed by Congress.

Congress enacted the Federal Employers' Liability Act (FELA) over 100 years ago for the purpose of providing compensation and protective rights to railroad employees who are injured on the job or if killed, to his or her surviving widow or husband and children of such employee.

The very people this law was created to protect generally do not understand the FELA -- and that is exactly how the huge railroad companies want it to stay.

The railroad must be proven to be negligent in order to file a claim under the law. Just being at work, on duty is not enough.

In recognition of widespread problems in the railroad industry, Congress amended the Federal Rail Safety Act (FRSA) to provide important new rights and remedies for the protection of railroad employees, extending whistleblower protection to railroad employees.

This federal law prohibits railroads from disciplining or retaliating against railroad employees who:

• Seek prompt medical attention for on-the-job injuries
• Provide information about injuries or safety issues

Under the FRSA whistleblower provision, railroads are prohibited from denying, delaying, or interfering with your right to receive medical or first aid treatment after you have been injured at work. It is also illegal for a railroad to discipline or threaten to discipline an employee who requests medical or first aid treatment for an on-the-job injury.

The FRSA also makes it illegal for a railroad to discipline or retaliate against you in any manner because you provided information about an alleged violation of federal laws and regulations related to railroad safety and security, or about gross fraud, waste, or abuse of funds. Employees are also protected from retaliation for reporting hazardous safety or security conditions, or refusing to authorize the use of any safety- or security-related equipment, track, or structures.

If OSHA finds that a railroad has violated any of these protections, it can order the railroad to:

• Reinstate you with the same seniority and benefits
• Pay you back pay with interest
• Pay you compensatory damages, including compensation for special damages, expert witness fees, and reasonable attorney's fees
• Award you punitive damages up to $250,000 in certain cases

You may not always need an attorney when injured, but you should always consult with Designated Legal Counsel. There is no fee when seeking initial advice from any of the Designated Law Firms listed below.