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Straight
Track #225
The Calm Before the Storm
You work for the railroad. The wages and benefits are great. The more
time you put in, the bigger your pay checks, and the more you provide
for yourself and your family. You're in the house you always wanted,
driving the car of your choice and your kids want for nothing. Sure, you
have big bills every month but hey, the pay is good and the work is
plentiful – there's no problem. Life is grand!
The Storm
You're injured at work. Now, not only do you have to be concerned
about your recovery, but also how to pay your monthly bills because the
money stops coming in. Unless you already had an
economic plan in place prior to your getting
injured, you're going to be in for hard times ahead. And, you're in a
position of weakness with the railroad.
Unfortunately, we've seen too often this is the scenario for most
railroaders. They don't have any plans to pay their bills in case they
are injured. They end up being forced to cooperate with the railroad, to
their own detriment, in return for cash advancements or a quick, greatly
undervalued settlement.
It is important that you understand the railroad does not have to
provide you with income while you are off injured. You are not covered
by state Workers' Compensation laws; your injury is covered by the Federal
Employers' Liability Act. Under that Act, when you are injured on
the job, the railroad is held harmless. In other words, you have to
prove that the railroad is at fault or it owes you nothing. Any money
the railroad gives you, whether it is an advance on your claim or a
setoff against your wage loss in the form of wage continuation, is
totally voluntary. And in reality, it's your money that it is giving
you. So when you agree to let the railroad give you your own money, you
do it at a great risk to your claim.
By applying financial pressure on you to accept advances or wage
continuation, the railroad knows it can control your medical treatment
and get you to provide a statement - the two most crucial elements to
your economic recovery.
Your statement of facts will either
establish or take away liability against the railroad. Again, if you
cannot prove the railroad is at fault, no matter how serious your
injury, it owes you nothing! Without fully understanding this, you may
innocently answer a question that gives the railroad the upper hand it
is looking for. The railroad knows you don't have to give a statement.
The railroad also knows, however, if you're hurting for money (because
you don't have a back up financial plan), it can pressure you into
giving a statement in exchange for advances or wage continuation.
The railroad uses these same methods to try to control your medical
treatment. You may be required at some point to be examined by one of
the railroad's doctors, but you can treat
with your own doctors. Make sure your treating doctor clearly
documents that your medical condition was a result of your on-the-job
accident. And even if you don't have your own doctor, you are better off
throwing a dart in the yellow pages to find one than you are dealing
with the railroad's doctors. The railroad knows how important a clear
medical diagnosis is. The railroad's doctors have a knack for finding nothing wrong
with you. By offering you advances and wage continuation in exchange for
treating with their doctors, the railroad again keeps control over you
and your claim.
Navigating Through The Storm
When you are injured on the job your only focus should be your
medical recovery while maintaining control of your claim. The
only time the claim agent should be
involved with your claim is when you want him to be – when you are
healed and are ready to settle.
By having a financial plan in place before you are ever injured, you
won't need to worry about paying all your normal monthly bills. Your
medical bills are paid by your own
insurance provided for you in your labor contract - not the
railroad. You won't have to give up your right to choose your treating
physician or feel financially pressured to give a statement.
In my 32 years of working with railroaders, I have never met anyone
who thought they were going to get injured on the job. But every
railroader who didn't have any or enough disability insurance wished he
had after he was injured.
Planning ahead is a task that can be done easier than you may think.
1) Total your monthly bills;
2) If you are qualified for Railroad Retirement Board sickness
benefits subtract $1160.00; and then,
3) Purchase enough disability insurance to cover the difference
between 1 and 2.
Note: Disability insurance comes in various forms. You could
purchase one blanket policy which covers all your total bills or
secure a policy for each individual loan or payment.
If you ever have any questions regarding an injury, please contact
Hoey & Farina via phone at (888) 425-1212 or email at
info@hoeyfarina.com.
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