Frequently Asked Questions

What happens in a train to train collision?

What are some safety tips to follow in railyards to avoid injury, and to make it more likely I could file a successful FELA claim in case of injury?

Any rail employee who gets injured or made ill on the job should take the following steps

Report the injury to your employer by completing an injury report.
List all relevant details in the report, including any condition or other factor that could have contributed to the railroad injury. This is important because FELA, the Federal Employers’ Liability Act, unlike workers’ compensation, is fault-based and requires a finding that the rail company was negligent in some way. If you don’t include all contributing causes when you fill out the accident or injury report, it may later be used as evidence against you.
Discuss your injury with co-workers and ask them if they would be willing to testify as witnesses for you at trial, if necessary. Also, ask them to record their observations as soon as possible after the railroad accident occurs.
Visit a doctor. But remember, you are not required to see a company doctor. You can see your own doctor to get an independent and unbiased assessment of your railroad injuries.
Keep accurate records of lost wages, expenses, travel costs, and other financial costs related to the railroad injury. Try to keep copies of all receipts.
Keep logs of your discomfort and physical symptoms resulting from the injury and make sure to inform your doctor of these symptoms.
Contact a Virginia railroad injury lawyer for a free, no-hassle consultation regarding your railroad injury claim.

Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks. You may find our list “What Not to Do After a Railroad Accident” especially helpful.

An injured railroad worker — whether in Norfolk, Petersburg, Roanoke, Richmond, or Portsmouth, Virginia (VA) or anywhere else in the country — must meet three basic requirements to recover damages under FELA, the Federal Employers’ Liability Act:

The railroad accident must have occurred in the course and scope of employment for the railroad company. This does not mean that the accident must have happened on property owned by the railway, so long as the injury is sustained in the furtherance of the worker’s employment-related duties,
The railroad must be engaged in interstate commerce between at least two states. This requirement is broadly interpreted and is almost always met in an injury claim.
The railroad company’s fault must have caused or contributed to the injuries sustained.

The third requirement generally looks for some sort of negligence on the railroad company’s part or violation of a rule or safety law. Virginia railroad workers involved in accidents may be entitled to monetary damages under FELA.
Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks. You may find our list “What Not to Do After a Railroad Accident” especially helpful.

So, the railroad will try to show I was indifferent to safety rules and this caused my injury?