Immediate Priorities
Protect your health and preserve the facts
01
Get Medical Care
Seek prompt medical care and clearly explain how, where, and when the injury occurred.
02
Report the Injury
Report the injury and accurately describe the conditions, equipment, and events involved.
03
Document the Scene
Take photos or video of the equipment, work area, hazards, and surrounding conditions.
04
Identify Witnesses
Record the names and contact information of anyone who saw the incident or relevant conditions.
05
Contact a FELA Attorney
Speak with experienced FELA counsel before making decisions that could affect your legal rights.
06
Review Before Signing
Have an attorney review releases, authorizations, and all other important documents before signing.
Free Guide: The 10 Commandments of FELA
Download our 10 Commandments of FELA booklet for clear, practical guidance on what railroad workers should do after an injury and what mistakes to avoid.
Before You Sign or Give a Statement
After a railroad injury, you may be asked to provide statements, sign authorizations, complete forms, or discuss how the incident occurred. Some workplace reporting may be required, but that does not mean every document or request should be treated as routine. Before signing releases, authorizations, settlement documents, or giving a detailed recorded statement, speak with an attorney who understands FELA and railroad injury claims.
Be Careful With Statements and Documents
After an injury, railroad supervisors, claims personnel, investigators, or others may ask questions or request statements and documents.
- Do Not Guess – If you do not know an answer, say so. Do not estimate speeds, distances, timing, measurements, or other details simply because someone asks for an immediate answer.
- Do Not Minimize Your Injury – Workers sometimes downplay pain because they expect it to improve. Describe your symptoms accurately rather than assuming an injury is minor before you know its extent.
- Understand What You Are Signing – Read documents carefully and understand what information or authorization is being requested before signing.
Keep Track of Your Medical Care and Work Impact
A serious railroad injury can affect far more than the initial medical visit. Keep records of medical appointments, diagnoses, treatment, prescriptions, physical therapy, work restrictions, missed shifts, lost wages, changes in your ability to perform your job, and activities you can no longer do normally. This documentation can help show the full impact of the injury on your health, work, and daily life.
Speak With Your Union Representative
Your union representative may be an important resource after a workplace injury.
Keep your representative informed about what happened and any concerns regarding working conditions, equipment, the reporting process, or the investigation.
Do Not Wait for the Three-Year Deadline to Protect Evidence
FELA generally requires an action to be commenced within three years after the claim accrues. But the practical deadline for preserving evidence can be much shorter.
Equipment can return to service. Work areas can change. Video can be overwritten. Workers may move to other assignments. Memories fade. That makes early documentation important even when a lawsuit is not being filed immediately.
Serious Railroad Injury? Talk With Our FELA Team.
McEldrew Purtell has successfully litigated FELA claims involving seriously injured railroad workers. If you or a family member suffered a serious railroad injury, contact our railroad injury team to discuss what happened and your rights under FELA.