What To Do After A Railroad Injury

The aftermath of a railroad injury can be a very confusing time. You have a lot on your mind, and you may not know what to do next. However, it is also a time in which its critical to get things right. What happens now can have a big impact on your chances of getting the full financial relief you need. Let us provide you with the clarity and support you need to move forward toward a better future.

At Darby Law Group, we are committed to standing up for injured railroad workers on the East Coast. Lawyer Matt Darby has over 30 years of experience in this area of law. He, along with the rest of our team, can guide you through what to do following an injury.

Six Key Steps To Take

After a railroad injury, it is critical to protect your health, rights and future. The below steps may go a long way in helping with such goals.

1. Report The Injury

It is required that you report your injury to the railroad as soon as possible. Most railroads have rules requiring injured employees to complete an accident report form. It is important to document any aspect of railroad negligence or fault in the accident report form.

You are not required to give any other statement regarding your accident to the railroad claims agent. If the agent attempts to take your statement, you may refuse to provide one. If you choose to give a statement, please contact your union representative or our office for help before doing so.

2. Contact Your Union Representative

Report your injury to your local union officer as soon as possible. Your labor union is there to help you. The union officer can help you obtain leave if necessary and get benefits to which you are entitled. Also, your union officer can help protect your job and seniority rights while you are off work.

3. Seek Medical Care

It is important that you get the proper treatment for your injuries. You are entitled to choose any doctor to provide medical treatment.

4. Apply For Sickness Benefits

If you are injured and will be off from work, you may be entitled to sickness benefits from the Railroad Retirement Board. Ask your local union officer or contact our office for the proper forms.

The sickness benefits from the Railroad Retirement Board are to help you while you are unable to work. However, these benefits must be paid back out of any settlement or judgment you receive in your case.

5. Keep Accurate Records

It is important that you keep records of the facts surrounding your injury including any witnesses, any expenses you incur, photographs of your injuries, the location of the accident, and names and addresses of all doctors who treated you.

These records can help when it comes time to prepare your case for litigation. The more information you have, the better!

6. Restrict Access To Your Medical Records

Medical facilities and doctors are accustomed to workplace injuries being handled under state worker’s compensation laws, which permit them to share your records with the insurance companies involved.

Railroad injuries are different. Make sure access to diagnosis and treatment information is limited by informing your healthcare provider that this is a railroad injury.

Five Key Mistakes To Avoid

Missteps can be costly after a railroad injury. They could jeopardize your compensation rights. Among the things it is important to avoid are:

• Delaying reporting your injury.
• Failing to get immediate medical treatment from your own doctor or the hospital of your choice.
• Accepting the doctor or medical facility recommended by your employer.
• Failing to provide all the pertinent information about your injury in the Railroad’s Accident Report. Most important are facts that prove the employer’s worksite or procedures were unsafe. This form is the only information you are required to provide to the railroad.
• Under no circumstances should you give a statement to your supervisor or claims agent. Such statements will be recorded and may include portions that can be interpreted as suggesting negligence on your part. Such statements are not required and will never be helpful to the injured worker.

Attorney Darby is here to help you steer clear of these missteps and other common pitfalls when pursuing compensation for traumatic railroad injuries, injuries caused by cumulative trauma or occupational illnesses.

Let Us Guide You On What To Do Next

Replace confusion with clarity following a railroad injury.

Call us at 866-409-6136 or reach out to us online for the straightforward guidance you need. From our Hunt Valley office, we stand ready to help you with any railroad injury matter in Maryland or along the East Coast.