It is critical that you know your rights as a railroad worker, particularly when injured. Federal Law now provides very powerful and important rights:

1. It is now illegal for a railroad to discharge or discipline an employee WHO REPORTS OR ATTEMPTS TO REPORT A PERSONAL INJURY.

Since the law was passed, the railroad have greatly diminished the old practice of firing anyone who claimed an injury. In fact, in the last 6 months we have seen only one case of discipline for an employee who reported an injury. This is probably due to the strong penalties that can be imposed on the railroad if the law is violated.

2. It is now illegal for a railroad to deny, delay or interfere with the medical or first aid treatment of an employee. A railroad cannot force an employee to see a company doctor or any doctor. An injured worker has the absolute right to see the doctor of his/her choosing for the treatment and care of his/her injuries.

Thus, when one is injured at work he/she can see any doctor of their choosing without interference from the railroad. Before the law was passed Union Pacific insisted that virtually every injured worker go to the PRIDE clinic in Dallas for an evaluation. This practice was basically stopped after the new law was passed.

3. Also, if an injured worker asks for transportation to a hospital, a railroad must now promptly arrange to take the person to the nearest hospital where the employee can receive appropriate medical treatment.

This is a big change. In the past, when an employee reported an injury the railroad forced him/her to go to a hopital where the railroad did a lot of business or to a company nurse. No more. The new law clearly says that if transporation to a hospital is requested the employee is to be taken to the nearest hospital, not the one where the railroad does a lot of business. Remember, an injured worker may simply get in his car and go to his own doctor or hospital. He/she is not required to ask for transporation or ride with a company officer.

These are great new Federal Rights that really help the injured worker. But they are of little value if one is not aware. As your Designated Legal Counsel, we want you to be aware of your rights so you can take advantage of those rights. I encourage you to view our web site www.tavorminayoung.com and check out the FAQ section for many of the other imporant rights you have as a railroad worker.

If you have questions, give us a call.

Thanks,

Steve Young
Designated Legal Counsel
1300 Post Oak Blvd. Ste. 1750
Houston, Texas 77056
888 565 7245
syoung@tavorminayoung.com