Straight Track #122

Today is no exception. We always suggest that in the event of an injury the first line of help, information and protection is your union officer. Recently, one such officer asked just what he should be prepared to do or say if one of his members called and told him he had been hurt on the job. My answer made some very general suggestions based on the severity of the injury and the circumstances at the time the call was made.

If the injury just occurred, you should be certain that appropriate medical attention is being provided. If the injured man has not been taken to the hospital or emergency room, make sure there is no undue delay in getting there. It is a violation of Federal Regulations for the railroad to refuse or unreasonably delay medical care. The railroad cannot require that an injury report form be filled out or a particular carrier official to arrive onto the property before the injured man is taken for treatment when the injury is severe or the injured man is in a great deal of pain.

You should be prepared to go to the hospital if the injury is so serious that hospital admission seems likely or the man is not able to look after his own interests because of pain medication or the nature of the injury. Why? In an effort to keep the injury from being reportable, the railroad officers may try to influence the care, medication and treatment that the treating doctor recommends. They may also try to take advantage of the man’s condition to obtain confused or inconsistent statements as to how the injury occurred. Further, when the man is released from the hospital these officials may try to make the man go back to the scene of the injury or reenact it. You should be there to make sure the railroad does not get away with this tactic.

While the railroad has the right to know what happened to cause the injury, railroad officers often use this opportunity to aggressively interrogate the injured man while his concentration is diminished due to pain or the influence of pain medication. The railroad’s strategy is to get information that will establish that the man’s own conduct caused or contributed the injury. When an injured railroad worker is concentrating on getting relief from his pain and getting proper medical attention, his focus is not on all of the details surrounding his injury. He is in no condition to be cross examined by anyone from the railroad. It is your responsibility to make sure that his supervisors do not take advantage of his vulnerability at this crucial time.

If the injury is so serious as to require hospitalization, it may be necessary for you to prevent the railroad officials from going into the hospital room until a family member arrives, at which time it will be their job to guard the door. You do your job by telling the hospital personnel that this is not a workers’ compensation injury and that company representatives have no right to intrude on the man’s privacy without his or his family’s permission. You should be prepared to assist the family with any information or advice that is necessary to protect the injured member, including getting legal advice immediately.

In most instances the injury is not life threatening or so serious as to require such drastic measures. However, we believe that you must be prepared to act. Typically, helping the injured man with the injury report and preventing his supervisors from intimidating him is all that is necessary. You may not have to be physically present when he fills out the injury report, but by discussing with him how the injury occurred, you can advise him how best to describe the unsafe condition or defective equipment which caused his injury and which must be reported on the form.

Be prepared to call our office and discuss the situation with us. Have the injured man do the same. Only when we know the details surrounding the injury can we provide specific advice as to how to proceed. We want you to know that by calling us for advice neither you nor the injured man incur any obligation. Your union has designated us as Legal Counsel so that you have a source of reliable information which you and your members can utilize in the event of an injury at work. The railroad has its staff of lawyers to advise its officials. We are available 24 hours for you.

As a union officer, you have the right to recommend designated counsel to your members. This right is protected by decisions handed down by the United States Supreme Court. The railroad cannot discipline you for advising your members to seek legal counsel, so use this valuable right to provide meaningful service to your members. The sooner we can provide advice to your injured member, the more effective that advice is in preventing the railroad from taking advantage of someone who has been hurt on the job.

Remember, your union member may not need to hire a lawyer, but he does need legal advice and so do you! Call us.

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