What to Do Immediately After a Railroad Workplace Injury

If you are injured while working for a railroad, your rights are governed by the Federal Employers’ Liability Act (FELA), not standard workers’ compensation. Under FELA, you must prove the railroad was at fault for your injury.

The steps you take immediately following an accident are critical. Follow this guide to protect yourself and your livelihood.

Steps to Take After a Train Accident

1. Report the Injury and Secure Evidence

• Notify your supervisor: Report the injury to your supervisor or a management representative before you leave the job site. Failing to report an injury promptly gives the railroad a reason to dispute whether it happened at work.
• File the required accident report: File any required accident report with the railroad. Most accident reports will ask whether a defect in equipment or an unsafe condition caused the accident. If you know of such an issue, be absolutely sure to document it. Keep a copy of your own accident report if possible. See section three for more detail on accident reports.
• Show hazards to your crew: Make sure, if possible, that you show any dangerous conditions or defective equipment to your fellow crewmembers before leaving the area.
• Take photos and videos of the scene: If physically able, document the exact location and the defect or condition that caused your injury (e.g., spilled oil, a defective grab iron, broken switches, or poorly lit walkways). The railroad will often quickly fix the hazard, so immediate documentation is vital. However, you must use a stand-alone camera, not your cell phone. [Important: Read our firm’s critical guidance on the FRA “Cell Phone Trap” and how to protect your job while gathering evidence.]
• Photograph your injuries: Take photographs of visible injuries, cuts, stitches, bruises, etc. Do this immediately following the accident and continue to take pictures in the days following as they heal or change.
• Identify witnesses: Get the names and contact information of any co-workers who saw the accident or who can verify the unsafe working conditions that led to your injury.

2. Seek Independent Medical Attention

• See your own doctor: Go to an emergency room, urgent care clinic, or your primary care physician immediately unless you are absolutely certain that you are not injured. You have the right to choose your own doctor. Do not let the railroad force you to see a “company doctor” or allow a company nurse manager into your private examination room.
• Monitor for delayed symptoms: If injuries or pain show up in the next few days, immediately seek medical attention.
• Be precise with medical staff: In all interactions with medical personnel, be sure to give them an accurate history of exactly when your pain began. Explicitly tell them your injury happened on the job at the railroad.
• Follow treatment plans: Attend all follow-up appointments, physical therapy sessions, and specialist referrals. Gaps in your medical treatment can be used to argue you weren’t seriously injured.
• Document your symptoms: Keep a daily journal of your pain levels, physical limitations, and how the injuries are impacting your daily life.
• Track your medical expenses: Keep all bills for doctor visits, prescription bills, and receipts for any out-of-pocket medical supplies. You should also keep a detailed log of your mileage to and from the doctor and all medical appointments.

3. Fill Out the Personal Injury Report (PIR) Carefully

• Identify the cause (Railroad Negligence): Under FELA, you must prove the railroad failed to provide a safe workplace. When the report asks what caused the accident, do not simply write “I slipped.” You must be specific about the unsafe condition (e.g., “I slipped because there was grease on the walkway that hadn’t been cleaned” or “The handbrake was defective”).
• Do not minimize the incident: Company officials may try to pressure you into downplaying the injury or accepting blame. Be honest, precise, and thorough.
• Request a copy: Always get a copy of your completed injury report before you hand it over.

4. Protect Your Claim

• Do not give a recorded statement: Railroad claims agents work for the company to minimize your claim. Do not give a recorded or written statement to a claims agent, and do not sign any medical releases or settlement offers without consulting your attorney.
• Document lost wages and time off: Keep detailed records of any lost time from work and lost wages. Be sure to document any personal leave, sick days, or vacation time you had to use to fill in for those lost wages.
• Apply for RRB benefits: If you are unable to work, apply for your Railroad Retirement Board (RRB) sickness benefits promptly.
• Stay off social media: Do not post about the accident, your injuries, or your physical activities on Facebook, Instagram, or any other platform. Railroad claims agents actively monitor these to find evidence against you.

5. Contact Legal Counsel Right Away

Before negotiating with the railroad’s claims department or participating in a formal company investigation, contact our office. Early legal intervention is critical in FELA cases for reasons that may not be obvious:

• Proving fault and strict liability: We immediately begin investigating to prove the railroad was negligent. Furthermore, if your injury was caused by a violation of specific federal safety statutes (like the Locomotive Inspection Act, 49 U.S.C. § 20701, or the Safety Appliance Act, 49 U.S.C. §§ 20301–20306), we can establish strict liability, meaning you do not have to prove traditional negligence.
• Preserving critical evidence: We send preservation letters to ensure the railroad does not destroy maintenance records, inspection logs, dispatch tapes, or locomotive event recorder (black box) data.
• Protecting you from disciplinary hearings: The railroad may attempt to use internal disciplinary hearings to intimidate you, lock in unfavorable testimony, or fire you to avoid paying the claim. We can help advise you through this process.

FELA requires the injured worker to prove that the railroad’s negligence played a part—no matter how slight—in causing the injury. 45 U.S.C. § 51. The statute of limitations for filing a FELA lawsuit is three years from the date the cause of action accrued. 45 U.S.C. § 56.

About the Author

Mike C. Miller

Of Counsel — Board Certified Personal Injury Trial Lawyer

With more than 40 years of trial experience, Mike Miller has dedicated his career to representing injured workers in FELA railroad cases, trucking accidents, oilfield injuries, maritime claims, and wrongful death litigation. A graduate of the University of Texas School of Law, he holds an AV Preeminent Rating from Martindale-Hubbell — the highest distinction for legal ability and professional ethics.

• UT School of Law, J.D. 1984
• AV Preeminent Rated
• 40+ Years Trial Experience
• Board Certified, TBLS

View Full Attorney Profile