Protecting Whistleblowers & The Injured

How to prove negligence as a railroad worker

On Behalf of | Jan 29, 2024 | Fela Claims, Railroad Injuries

Working on the railroad is a demanding and sometimes perilous job. When accidents happen, it is important for railroad workers to understand how they can prove negligence on the part of their employers or colleagues.

When it comes to compensation for injuries and assurance of safe working conditions, taking the proper steps to prove negligence is of the utmost importance.

Document the scene

One of the first steps a railroad worker should take after an accident is to document the scene thoroughly. This includes taking clear photographs of the area where the incident occurred. Pay close attention to any hazards, faulty equipment or inadequate safety measures. These visual records can serve as concrete evidence of the conditions that led to the accident.

Report the incident immediately

Prompt reporting of the incident can establish a strong case for negligence. Railroad workers should report the accident to their supervisors or relevant personnel as soon as possible. Be sure to provide a detailed account of what happened, including any unsafe conditions that contributed to the accident. This documentation can help establish a timeline of events and demonstrate the employer’s awareness of potential hazards.

Gather witness statements

Eyewitness accounts can also strengthen a case. Collect statements from colleagues who witnessed the accident or were aware of unsafe conditions leading up to it. These statements can corroborate your version of events and provide additional perspectives on the negligence that may have occurred.

Review safety procedures and training records

Negligence often involves a failure to adhere to safety procedures. To bolster your case, review safety manuals and protocols relevant to your job. Check your training records to ensure that you received proper instruction on how to perform your duties safely. Any deviation from established safety protocols can be critical evidence in proving negligence.

Medical records and expert opinions

If you sustained injuries, obtaining and maintaining detailed medical records is a must. Medical records can connect your injuries directly to the conditions or negligence you are alleging. Seek expert opinions, such as those from medical professionals or safety specialists, to provide additional credibility to your case.

When it comes to potentially negligent working conditions, these steps empower railroad workers to advocate for their rights and contribute to a safer working environment for all.

Train Law
Blog

The Rail
Whistleblower
Library