Whenever an employee is injured during the course of their employment on a Railroad, it is important to understand that the employee can seek medical treatment with health care providers of his or her choice. This right is ingrained in the Federal Employers’ Liability Act (FELA) and is one of the most important rights that an injured railroad employee enjoys. In fact, this right is so important that when the Federal Rail Safety Act (FRSA) was amended in 2007 to include a Whistleblower Provision, medical treatment issues were also included. Therefore, if a Railroad interferes with an injured employee’s right to medical treatment in any way, the attempt may give rise to a separate claim under the FRSA.
When Injured…Get Representation
This issue frequently arises with employees who are unrepresented by an attorney familiar with the Federal Employers Liability Act (FELA). Often times, Railroads will hire “Nurse Case Managers” ostensibly to help the employee obtain appropriate medical care. However, these “Nurse Case Managers” are often unfamiliar with medical rights under the FELA or intentionally disregard this important provision of the law. It is also important to understand that all health care providers are familiar with the practice in State Workers’ Compensation Claims where the Workers’ Compensation Insurer has the right to approve or disapprove medical treatment. Since the vast majority of injured workers are covered by a State Workers’ Compensation Law, as opposed to the FELA, providers are often susceptible to the inference that the “Nurse Case Manager” has the ability to approve or, more importantly, disapprove medical care. This is absolutely false.
A Strong Medical Advocate in Your Corner
Medical issues, second only to issues of negligence or liability are often critical in a successful FELA claim. Invariably, the Railroad will hire a physician to provide the opinion that, despite all evidence to the contrary, an employee’s medical condition is not related to the subject railroad accident. It will often allege that the condition was due to long standing degenerative changes or other causes. Therefore, it is important to have a strong medical advocate in your corner when pursuing an FELA claim. An Attorney experienced in FELA cases can educate your treating doctor about the differences between the FELA and the State Workers’ Compensation System and also inform the doctors about the nature of Railroad work. Often, a doctor’s only experience with railroad work may be with conductors on passenger rail service.
The Right Medical Expert Matters
Accordingly, it is critical that injured railroad employees immediately seek medical care with physicians who are independent of the Railroad and will have the injured employee’s best interest at heart. Any attempt by the Railroad to control medical treatment or influence treatment in any way should be met with a claim under the FRSA for damages available under that law.
By Matt Darby