Things You Should Know in Case of Accident or Injury

Set forth below is a compilation of information from various sources, including Designated Legal Counsel (DLC), and from our own experiences.

Before an Accident or Injury Occurs

Before an accident or injury occurs, railroad employees should discuss with their spouse what to do. The best suggestion is sit down together and make a list of what to do and who to call.

1. List the names and numbers of the local division officers to contact in case of an emergency.

2. List the names and numbers of the local auxiliary officers to contact in case of an emergency.

3. Decide which DLC you prefer to contact in the event of an accident or injury, listing the name of the attorney, their field investigator if known, and emergency contact numbers.

1. Keep copies of the signed Notice Regarding Release of Information in several convenient places and set forth that information on your list (i.e., glove compartment of your vehicles, grip, file containing important papers, etc.). If an injury occurs, provide that information to the Receptionist/Clerk upon admission, or as soon as possible. A copy of the Notice is provided in this packet.

Some properties have instituted a “buddy” system within their local divisions. The division members pair up with another member, and in the event of an accident or injury, the “buddy” makes sure that the spouse and family are notified and protected from the unscrupulous practices of Carrier Claims Agents, and to insure their “buddy” is also protected from the Carriers without necessary union representation.

In addition to having emergency information available, it is highly recommended that every railroader and spouse have documents in place in the case of serious accident, injury, or God forbid, a fatality occurs. Having these documents is a good idea for everyone, but even more so for those who work on the railroad. Documents such as a Healthcare Power of Attorney, Living Will, and Last Will and Testament should provide protection and help during times of stress resulting from accidents on the railroad.

How to Protect your Rights When Injured on the Job

1. Immediately report your injury to the railroad and a local union officer.

2. Consult your own doctor for treatment, or seek medical treatment from a facility or doctor of YOUR choice. Use existing medical coverage for services rendered. Railroad officials and Railroad Claims Agents are not permitted to discuss your case with your with your doctors unless you give specific permission.

3. File the required company injury report; note any defects on your report, such as tools, equipment, or unsafe work place or conditions, and keep a copy of the report for your file.

4. If you are injured, DO NOT give the railroad any written or oral statement about your accident or injury.

5. Do not participate in a railroad investigation without union representation.

6. Consult DLC for advice and to insure your rights are protected. (See BLET DLC list contained in this packet).

Information for Health Care Providers

Make sure that you, your spouse and your family are aware of how to instruct any one providing medical treatment, including the Unit Clerk or receptionist at the facility.

1. Railroad Employees ARE NOT covered by state workers’ compensation laws, but by the Federal Employers’ Liability Act (FELA), 45 U.S.C., Section 51-60.

2. Railroad Employees have medical insurance coverage negotiated by their unions for work-related injuries and other medical problems.

3. Railroad management does not have the right to discuss health questions with medical providers, or recommend treatment options, unless given specific permission by the employee.