When railroad workers are injured on the job, they may face challenges in ensuring that their injuries are properly documented and reported. In some cases, workers might feel pressured or discouraged from reporting accidents, particularly if supervisors are reluctant to make the necessary reports. However, railroad workers do have certain rights when it comes to injury documentation. Whether a worker can force their supervisor to make an accident report is important, as proper reporting is critical for medical care and potential legal action.
If you’ve been hurt while working for the railroad, the team at Shapiro, Washburn & Sharp is here to help. We handle cases on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today at 833-997-1774 for a free consultation.
Can a Railroad Worker Require Their Supervisor to File an Accident Report?
Yes, a railroad worker can insist that their supervisor file an accident report if they are injured on the job. Under the Federal Employers Liability Act (FELA), railroad companies are required to report workplace accidents and injuries, and workers have the right to ensure that these incidents are documented.
While a supervisor may try to delay or avoid filing a report, the worker has the right to request that an official report be filed to properly record the incident. Workers need to know that failure to document an injury could negatively impact their ability to seek compensation or medical benefits later.
What Happens If a Supervisor Refuses to Report an Injury?
If a supervisor refuses to report an injury, the railroad worker still has options. Workers can document the injury themselves, report the incident to the company’s safety department or human resources, or file a report with the Occupational Safety and Health Administration (OSHA) if necessary.
It is critical that the worker’s injury is officially recorded, as not having a report can complicate any potential workers’ compensation claim or FELA lawsuit. If a supervisor is not responsive, workers should seek support from other personnel or legal counsel to ensure the injury is reported appropriately.
Why Is It Important to Have an Accident Report Filed?
Filing an accident report is important for several reasons. First, it provides an official record of the injury, which is crucial for medical treatment, workers’ compensation, and potential lawsuits. Without this report, it may be difficult to prove that the injury occurred on the job, especially in cases of long-term health conditions or injuries that worsen over time.
Second, the accident report helps maintain safety standards by documenting the cause of the injury. This can lead to improvements in the work environment to prevent future incidents. Finally, the report serves as a key piece of evidence in legal cases under FELA or other workplace injury laws.
What Are a Railroad Worker’s Rights If Their Injury Is Not Reported?
If a railroad worker’s injury is not reported, they have the right to pursue legal action under FELA to ensure that their injury is properly documented and that they receive fair compensation. FELA is a federal law that protects railroad workers injured on the job, allowing them to file lawsuits against their employer for negligence.
Workers can also file complaints with regulatory bodies like OSHA to ensure the injury is investigated. If the injury is not properly reported, it is critical that the worker seek legal counsel, as missing this crucial step could undermine their ability to recover damages or benefits.
Can Your Personal Injury Law Firm Help?
Pursuing a FELA claim is crucial for railroad workers who have suffered injuries due to employer negligence. The FELA process can be complex, so seeking legal guidance early on can help you navigate the intricacies of your claim and work towards obtaining the compensation you deserve for your injuries and losses.
Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced FELA attorney. Let us help you seek the justice and compensation you deserve.