Claris Law Legal Blogging Community

Editor: Rick Shapiro
Profession: FELA Attorney

Category: FELA News

Seeing the doctor with a supervisor
Many major railroads have a rule that once an injury report is made, a supervisor is directed to accompany the worker to a medical exam, often directed to a railroad-approved medical doctor. Most workers do not understand or realize that they are not required to allow a supervisor to be in the examination room, or to receive any confidential patient-physician information.

In other words, the worker should advise the doctor immediately that he or she does not want any information exchanged or disclosed to the supervisor and that the doctor should give the medical report by telefax or e-mail to the company if a form is requested to be completed. The worker can decide what details to give the supervisor. If an attorney is later selected, the blanket release of medical information should probably be revoked, and you should seek your lawyer's advice.

The claim agent wants a recorded statement?
We receive many questions at meetings about whether an injured worker must provide a tape-recorded statement. An injured worker must provide information on an injury report form, if requested. Usually, the report form is handled by a supervisor, and most railroad rules require that the information be provided. All details of what any employee or supervisor did wrong, or information about any faulty or defective equipment should be included. On the other hand, CSX, Norfolk Southern, and Amtrak work rules do not require that a tape-recorded statement be provided to the company. A worker should not give a tape-recorded statement before consulting with an attorney.

An attorney for a coworker called me; can I talk to him?
This situation involves giving information as a witness to an attorney for a coworker. Yes, you can provide information to an attorney about information you have that is important to a particular case. A federal statute prohibits a railroad company from penalizing a worker or firing a worker for providing factual information to a lawyer about what happened on another case. Always verify the party that the lawyer represents before giving such information.

Can I be fired for filing an injury report?
At meetings we attend, some workers have the false belief that the railroad company can fire a worker for making a "frivolous" injury report. Nothing could be further from the truth. No worker can be fired or reprimanded for filing an injury report with respect to an on-the-job injury that actually occurred. Although a tactic some railway companies use is to "intimidate" workers from filing injury reports, there is no basis to the hearsay that a company can fire a worker for merely filing an injury report, even over a minor injury. A worker also can't be fired for having multiple injuries, assuming that no work rules were violated. A worker can always be disciplined for violating a work rule, but this should not be confused with a legitimate right to file an injury report.