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Shapiro & Appleton

Railroad Accident Reports Are Not Mandatory

"Is a written railroad accident report required to recover for a FELA accident or occupational disease?"
 The answer is a clear "no". The Federal Employers Liability Act (FELA) spells out that a worker has three years from when the worker knew, or should have known, that the accident or occupational disease arose from railroad work. But nowhere in the statute is there any legal requirement that a worker must have filed any accident report in order to recover under the law.  Early in my career, I learned of a railroad injury attorney who obtained a $1 million verdict for his railroad worker client from a Norfolk Circuit Court jury in a case where the worker had never filed an accident report.
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