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The
Facts about
Railroad Accidents & Injuries
Work related injuries to railroad workers are
governed by a law originally passed by Congress
in 1908 called The Federal Employers' Liability Act (FELA). |
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Under the FELA, you are not entitled to recover
monetary damages from the railroad for your injury merely because you were
injured on-duty. In order to make a monetary recovery from the railroad
you must be able to prove from the evidence that the injury was caused, in
whole or in part, by the railroad's fault or negligence, in failing to
furnish a reasonably safe place or the proper equipment for work.
Railroads retain skilled claim agents and
attorneys to protect their interests. The railroad's claims agent and
legal staff work for the railroad, not you. As soon as you are injured,
the railroad and its claims agent begin their investigation of the
occurrence. Witness statements are taken, the scene and equipment are
photographed, and on-site measurements are made.
You should know that after an injury is investigated, the experienced
claims agent reviews his investigation report with the railroad's
attorneys. The railroad's attorneys are familiar with important FELA court
decisions. Based on this investigation report, the claims agent and
attorneys will review the facts and then attempt to take a written or
taped statement from you that is designed to minimize the railroad's
liability and maximize your responsibility for having caused your injury.
You should also know that the claims agent will attempt immediately to
stop you from exercising your absolute right to choose your treating
physician. The claims agent will do everything in his power to have you
see a physician whose loyalty to you is secondary. The physician's primary
vested interest is with the railroad which refers business to him.
Statistical evidence has established that of all injured railroad workers,
the 20% of injured railroad workers who hire attorneys receive 70% of the
money paid out by the railroads. The remaining 80% of injured railroad
workers who don't hire attorneys split only 30% of the money paid out on
FELA claims. (Transportation Research Board, National Research Counsel
Special Report 241.)
The Solution
Contact the law firm of Hoey & Farina and have all your
questions answered and your concerns addressed. The firm's focus,
experience, team approach and personal approach uniquely positions the law
firm of Hoey & Farina to be the best solution for you and your
family.
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We specialize in the practice of FELA law.
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We have more than 250 years of combined experience practicing FELA law. We each
have railroad backgrounds, enjoy railroading and being with railroad
workers. Our clients become our friends.
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We utilize the expertise of investigators who have over 100 years of
experience as railroad workers. The attorneys and investigators interact
as we concentrate on various aspects of a case. Each client's case is
given the full value of our team's cumulative experience. Our team attacks
complex litigation. The best way to represent our clients is to be fully
prepared to try each case to a jury verdict.
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When a railroad worker is seriously or fatally injured on the job, it
is catastrophic to the family. We believe that every personal injury is
not just one person's medical and legal problem, but an emergency that
affects the needs and emotions of the entire family. Thus, we are
committed to providing railroaders and their family members with the best
information, the highest expertise and the most valuable resources and
services.
Family Financial Planning - When economic necessity requires
you to participate in wage continuation or receive advances from the
railroad, our objective is not to disrupt those arrangements. However,
when any wage continuation or advances are exhausted or are not available,
we will refer you and your family to reputable financial planners to
assist you in securing financial help.
Personal & Family Counseling - A serious personal injury
or death in the family causes extreme emotional distress and changes for
everyone in the family. We have health care professionals committed to
being available for you to address both short-term and long-term mental
health needs.
Recommended Health Care Providers - We can personally
recommend the finest specialized health care from a proprietary network of
highly qualified physicians, physical therapists and medical facilities.
Accessibility - The most critical and often stressful time
is immediately after you are injured. We are available when you need us,
24 hours a day, seven days a week, to assist you in completing injury
reports, to prepare you for your initial contact with the claim agents and
to meet with you and your family to answer questions and provide support.
You will have the home telephone numbers of our attorneys and
investigators.
Seniority, Health Insurance and Railroad Benefits - Ours is
a hands on approach. From the moment of injury we will help you protect
your seniority and maximize your health insurance, supplemental sickness
benefits, pension and U.S. Railroad Retirement Board issues.
Straight Track - To keep you and your family members
informed of the latest news and issues affecting your life as a
railroader, we offer a free weekly email newsletter, Straight Track,
written by our team of experienced lawyers and investigators in a straight
forward and plain speaking approach
Seminars - To further keep you and your family members
informed, we sponsor three, free seminars at times and locations
convenient to you and members of your local, lodge or division: The
Arbitration Advocacy Skills Seminar; The Family Members Seminar; and, The
Net Track Seminar.
The purpose of the Arbitration Advocacy
Skills Seminar is to help you understand the arbitration
process and utilize it to your advantage. The program is also designed
to help local chairmen represent the charged employee as well as educate
the membership, especially new hires, about the Railway Labor Act and
the arbitration process.
The purpose of the Family Members Seminar
is to help your loved ones understand what must be done if you have been
seriously injured or killed at work. Our seminar provides family members
with the information they need to know now to be able to make necessary
informed decisions to protect your, and your families, future financial
well being.
The Net Track Seminar provides
officers instruction on how to set up a Web site for their local, lodge
or division. Our webmaster leads Net Track events that demonstrate
effective ways to use the Internet to keep members better informed of
issues that affect them.
Informational Videos - In response to suggestions from
railroaders we meet at the many union meetings we attend, we have made a
video that is available for free on one of our firm's Web
sites, as well as on VHS and CD Rom,
that illustrates how a railroader can effectively handle a typical injury
situation (reporting an injury, answering supervisors’ questions,
visiting the ER and/or doctor’s office, dealing with claim agents).
It’s our goal to produce more such videos in response to the
railroaders’ questions and concerns.
Bilingual Investigators & Paralegals - We have bilingual
investigators and paralegals on our team to assist in all aspect of your
case. Se habla español.
Legal Fees - You can rely on us for legal counsel without
worrying about payment. We are compensated only when we collect a
settlement or verdict on your behalf. Our fee for handling a FELA case is
a contingency fee. We advance all costs relating to your claim.
Referrals - If you or a family member has a non-FELA legal
problem, we will assist you in retaining an attorney specializing in the
appropriate field of law. We waive any referral fee so that outside
counsel will work for you at a reduced fee.
About Hoey & Farina
Hoey & Farina are union designated FELA lawyers for injured railroad employees and workers. For free legal advice and counsel 24 hours per day on railroad accident, injury and death claims & rights, call toll free at 1-888-425-1212.
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