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Protecting Your FELA Rights
If you are injured on the railroad, your FELA rights may be badly damaged or lost if you don't protect them. You can protect your FELA rights if you:
- Comply with your railroad's rules and promptly report your accident and injuries to your supervisor. Also, be sure to tell your fellow crew members on the day of the accident what happened and where you have pain.
- Timely file an accident report with your railroad if an accident report is required by your railroad's operating rules. Be sure to also keep a copy of it since it will be evidence in your case.
- Do not give a written or recorded statement to a railroad claims agent or anyone at the railroad.
- Preserve the evidence concerning your accident. If, for example, you are injured when a hole in the walkway or a piece of an old tie in the walkway caused you to fall, get some photographs of the walkway, the hole or the railroad tie before the tie is removed or the hole is filled in. After accidents, railroads will quickly dispose of the evidence of an accident before photographs can be taken by, for example, filling in the hole or removing the debris or pieces of railroad ties located in the walkway. You or someone on your behalf must act quickly to preserve the evidence.
- Choose your own doctor. You do not have to go to or be treated by a company doctor. A doctor under the control of the railroad can seriously damage your case.
- Exercise your right to employ an experienced FELA trial lawyer shortly after your accident to help you avoid mistakes in the development of your case. Rest assured that your railroad with their trained in-house claim agents and well-trained lawyers will vigorously attempt to defeat or greatly reduce the damages in your FELA case.
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