The Accident Report: A Critical Stage in Your Case

FELA, the federal law governing compensation for railroad worker on-the-job injuries, requires the injured employee to fill out an accident report.  Completing this document is one of the most important steps in recovering for your injury.  Besides providing documentation that an incident occurred and detailing the facts of the accident, the report also shows how the railroad was at fault, which is critical to your recovery under FELA.

There are a few key tips you should keep in mind when completing this report:

• Read through the entire form before you begin to fill it out.  This will help you to organize your thoughts and put all the information in its proper place.
• Talk to your local chairman before completing the report.  While your exposure to Injury Reports is hopefully rare, FELA attorneys and your local chairman see these forms regularly and can help clear up any confusion.
• Describe the accident in detail.  Any unsafe condition or equipment that may have contributed to your injury should be included and fully explained.
• State clearly if you believe the working conditions were unsafe.
• Identify all witnesses - anyone who either saw the incident or could testify as to any unsafe conditions or equipment.
• Know your rights.  Do not be intimidated if you are required to complete the report in the presence of a company official.  You have the right and the duty to complete the report fully and completely.  Other than the accident report, you should not be required to prepare or sign any other statement.

Completing an accident report may not be the first thing on your mind after you have been injured in an accident, yet it is a critical step that demands your full attention.  As soon as possible, you should consult with an attorney experienced in railroad worker injuries.  If you have any questions regarding your rights and responsibilities in preparing an accident report, contact a lawyer at Harrington, Thompson, Acker & Harrington, Ltd.