Tort Reform
Railroad Personal Injury Reports: The Do's and Don'ts
Each year thousands of railroad employees are injured or killed while on the job. The number of job accidents is increasing at an alarming rate. As a railroader, if you are ever injured on the job, you are required to fill out a personal injury report. You must fill out this report completely, accurately, and in a timely manner. Also, if you have witnessed an accident, or have any knowledge of an accident, you may also be required to fill out an accident report. In either case, you should very cautious when filling out either report.
Before looking at individual questions on the personal injury reports, the following general rules should always apply:
- Only answer questions in detail IF you know the answer. If you do not know the answer, you should answer by saying, "I do not know at this time." There is nothing wrong with using this answer unless you are absolutely positive of a certain answer. If answers have been prepared of which you do not agree, have them changed or start with a new report. Remember, this is YOUR report. Please take note that some sections of the railroad accident report look as though the railroad lawyers have prepared them for the sole purpose of developing liability against the injured worker.
- Fill out the report only when YOU are ready and comfortable. If you have been injured and require immediate medical attention, you should delay filling out the report until after you have received proper medical care and are stable, comfortable and your pain has subsided to a tolerable level. If you are on medication after an accident and are uncomfortable, there is no problem delaying filling out a report for a couple of days.
- Contact an attorney and your union representative prior to completing this report. This is very important. When filling out this document, the answers you give may be used against you and often times are. Any errors or mistakes in your answers could cause serious damage to a possible claim or case, and the railroad may hold an investigation for any answers that may indicate that you have violated any safety rules. This is the time that you should contact our office at 1-800-642-1242 and your union representative for help. There is absolutely no obligation if you call Inserra Law Offices and the consultation is free.
The following is a look at the individual personal injury reports for Burlington Northern & Santa Fe and Union Pacific. The BNSF and the Union Pacific reports are similar. Both start with basic questions regarding your identification, the date and time of the accident, weather conditions, visibility, and the temperature. If there are any adverse weather conditions such as ice or snow, be sure to list all conditions.
The BNSF accident report continues to ask if this is an occupational injury rather than an acute injury and asks for a date when you first noticed the symptoms. The best answer here unless you are positively sure is, "I do not know at this time." This is another question where you should contact our office or your union representative prior to answering.
The next question asks you to describe the injuries. Remember that you may not be aware of all injuries at the time you fill out the accident report. Pain in one part of the body may mask pain from another part of the body. List all injuries no matter how minor. Do not leave anything out.
The next question will ask you to describe fully how the injuries occurred. If you know how, your description should include any malfunctioning equipment, bad footing, broken tools, and the name of any employee causing your injury.
Was the accident caused by the conduct of another person? An improper answer could make a person reading this in the future think that you caused your own accident. No matter how difficult it is, if you are injured on the job by the fault of another employee, you must list that employee. You may not know the answer to the question, but instead of marking the "NO" box you may want to state "Not known at this time."
The next important question is: "Could you, by more care on your part, have prevented your injury?" Please answer "NO" to this question.
The next question reads: "Was there anything wrong with the equipment, work procedures, or work area which led to this accident/injury?" Again, please answer "YES" to this question. At the time of answering this question you may not be aware of poorly maintained equipment, unsafe work practices, or unsafe working conditions. Once again, NEVER answer "NO." At the minimum, answer "Not known at this time" by writing it in to the right if the "YES" or "NO" boxes.
The previous question is followed by a few basic questions concerning the medical treatment following the accident. Complete this section if applicable.
Then there is a question concerning identification of any track equipment involved. Naturally, if some equipment is involved, list initials and numbers.
Near the end of the form is a place to include any possible witnesses. You should list anyone who may have knowledge of the accident, not just eyewitnesses. Again, if you are not sure, answer "I don't know at the present time."
Be sure that you are the only person to fill out your accident report. Most supervisors would prefer to fill out your form to be able to reduce the company's liability and put all of the blame on the injured employee. Do not expect someone else to have your best interest at heart when filling out this form.
Additional Union Pacific Accident Report Questions
- Question 10: How did the accident/incident occur? A thorough description of the accident should be included with emphasis on liability. If you are not sure of any events that occurred, this is not the time to guess. Simply answering "I don't know" is acceptable if you truly are not sure.
- Question 11: What specifically caused the accident/incident? Write down the reason for the accident listing any bad order equipment, tool or action by another employee, or "Not known at this time."
- Question 12: Did equipment, tools, cause or contribute to the cause of the accident? At first you may think you have answered this question when you answered question no. 11. Answer it again specifically, or "Not known at this time."
- Question 13: Did working conditions cause or contribute to the cause of the accident? This is a broad question. This could range from weather conditions, poor footing, to being pressured to complete a job in a shorter amount of time than it is safe to do so. NEVER answer "NO." Think about the answer to the question and be specific; or answer "Not known at this time."
- Question 14: Did other persons cause or contribute to the cause of the accident? This is a difficult question. It looks as though they are asking you to turn in your fellow employee. But if a fellow employee did contribute to your accident and you deny that they did, it will seriously harm the validity of your claim. If you are seriously injured because of someone else's carelessness, should you have to pay for it for the rest of your life? The answer is NO, but you must lay the foundation for your claim early and answer the question honestly.
- Question 11: What specifically caused the accident/incident? Write down the reason for the accident listing any bad order equipment, tool or action by another employee, or "Not known at this time."
Additional Information
- You should have your union representative or our Law Firm advise you PRIOR to completing a personal injury report.
- Make sure that you have a copy of your accident report and keep it for future reference. The thing to remember is that this document is not to be taken lightly. The railroad claim agents and the legal department attempt to divert liability away from the railroad and other employees and point the finger at the injured employee. Why? Because it saves the company money.
- The railroad may want to take your recorded statement shortly after an accident/injury. Once again, please contact Inserra Law Offices or your union representative prior to giving any kind of statement.
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INSERRA & KELLEY, Attorneys at Law
6790 Grover Street, Suite 200 • Omaha, Nebraska 68106-3612
TEL: 1-402-391-4000 • TOLL-FREE: 1-800-642-1242 • FAX: 1-402-391-4039
© 2010, INSERRA & KELLEY, Attorneys at Law -- All Rights Reserved
6790 Grover Street, Suite 200 • Omaha, Nebraska 68106-3612
TEL: 1-402-391-4000 • TOLL-FREE: 1-800-642-1242 • FAX: 1-402-391-4039
© 2010, INSERRA & KELLEY, Attorneys at Law -- All Rights Reserved