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Straight Track #246

No Costume Needed:
A Scary Story For
Halloween

Alan J. Fisher, Attorney
Hoey & Farina
(888) 425-1212
afisher@hoeyfarina.com

One of the traditions of Halloween is pretending you are someone or something else. Put on a costume, cover your face with a mask, and "poof" you become a scary monster or a superhero - in your own mind. There are some people, though, who don't wait for Halloween and don't bother with costumes to pretend they are someone else. And the scary fact is that person may be your supervisor.

A railroader wrote in response to Hoey & Farina's recent survey, Straight Track'n, that while he was being driven to the emergency room by his supervisor because of an on-duty injury, his supervisor emphasized that any prescribed medications from the doctor would make the injury reportable. The supervisor also stated that he had a medical dictionary in his vehicle and could figure out what kind of medicine the injured railroader needed. Here the injured railroader thought the person driving him to the hospital was his supervisor, a concerned employer, a caring person. Instead, he discovered his supervisor was someone pretending to be a doctor and a pharmacist. No costume needed!

YOUR RIGHTS

As an injured railroader, you have every right to emergency medical care if you are injured at work. You have every right to be treated by a physician. You have every right to treat with your own physician. And, you have every right to take necessary medications as prescribed by your doctor whether your supervisor likes it or not.

As a railroad employee, you need to make yourself aware of your rights under the Federal Employers' Liability Act ("FELA"). Attend your union meetings. Read Straight Track articles. Take the time to learn more about your rights.

DON'T LET THE "COSTUME" SCARE YOU

If you are ever injured at work, report your injury and receive proper medical care for your injury. Follow your doctor's treatment orders so you don't jeopardize your recovery. Report your injury in a timely matter so you don't risk getting fired for not reporting the accident "when it happened." Do what the rules require you to do. Don't be tricked by the railroad. Don't let your case become a horror story because you believed the railroad was going to offer you a treat.

If you have questions regarding an on-duty injury, don't delay. Call Hoey & Farina for free legal advice at 888-425-1212. We're available when you need us. We know your rights.

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Hoey & Farina


James L. Farina


J. Dillon Hoey
1941-2003

 
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