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Shapiro & Appleton

If I am hurt while working for the railroad do I need to file an accident/injury report with the company to have a case?

The short answer to this question is "No".  A FELA case does not typically depend on whether an accident report was filed with the company, but failure to do so may have other consequences.  Most railroads have internal rules that require the filing of an accident report by an injured employee (if they are physically able) prior to leaving duty on the day of the injury.  Failure to comply with this rule may result in company-imposed discipline.  Usually an accident report also helps in the investigation of a claim.  It contains specific factual details about the injury such as the location and identity of the equipment involved in the incident.  If any question arises whether such a report should be filed, it is a good idea to consult with union leaders to discuss the facts surrounding the specific incident.  They are typically knowledgeable of the reporting requirements of the railroad.  It is the rule of the particular railroad that require the filing of an accident report, not the FELA.  So whether a case exists which we could provide help to an injured worker does not depend on the filing of an accident/injury report.

Randy E. Appleton
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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