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Straight
Track #37
Emergency
Response
ChecklistAlan
J. Fisher
Hoey & Farina Attorney
1-888-425-1212 Hoey
& Farina has been conducting Family Seminars to help your loved ones
understand the Federal Employers’ Liability Act and what must be done if
you have been seriously injured or killed at work.
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As a result of the seminars, railroaders have come to us and asked
for a checklist of things their spouse or other family member should do in
the event they are seriously injured at work.
To begin, work injuries are not restricted to any age
group, sex or occupation. It
is an event that can occur at any time and to any railroad worker. We encourage you to take steps today so that you will be
prepared if such a tragedy should happen to you and your family.
To protect your financial interests, please consider investing in
some type of occupational
disability insurance policy. The
policy must pay you an income stream if you are injured while at work,
regardless of the circumstances. Be
sure to discuss with the insurance agent the type of coverage you are
seeking and understand the terms and conditions of the policy before you
purchase the policy.
When a traumatic injury occurs, we know how important
it is for the family to get to the hospital as quickly as possible to
offer their comfort and support to the injured railroader as well as each
other. It is also as
important that they contact Hoey & Farina, Designated Legal
Counsel, immediately to take the necessary steps to protect the best
interests of the injured worker.
Once at the hospital, the hospital staff needs to be
advised immediately to keep all
non-family members and railroad officials away from the injured railroader
and the family. Specific
instructions need to be given to the Charge Nurse or the hospital’s Risk
Manager that the railroad supervisors are to stay in the waiting room and
out of the emergency treatment area.
If contacted quickly, Designated Legal Counsel will take care of
this matter as soon as we arrive at the hospital.
Understand that in the event of an emergency the
railroad will send a representative, who the family may know, to the
hospital, typically a supervisor. The representative's objective is to
gather information in support of the railroad's investigation of the
accident that is already taking place on the property.
The railroad will be very persistent about seeing the family and
the injured worker, and offer its sympathy and support.
However, the railroad must be kept from discussing the accident
with the family and interrogating the injured worker.
The railroad’s representative is there to interrogate the injured
railroader and gather information about him from the family.
It is also very important that Hoey & Farina, as
Designated Legal Counsel, is given the legal authority to begin an
immediate investigation of the accident on behalf of the injured worker,
to preserve any evidence and protect the injured worker's interests.
Recently, the railroads have taken the position in litigation that
because the injured railroader is incapacitated as a result of his injury,
the spouse or other family members do not have legal standing to retain
Designated Legal Counsel and authorize the filing of a lawsuit so that an
immediate investigation on the behalf of the injured worker can begin.
It is our advice that you, the railroad worker, have a Durable
Power of Attorney authorizing one such individual who has the
authority to retain HF&D as Designated Legal Counsel in the event you
are seriously injured and unable to make that decision.
For your benefit we have included a sample Durable Power of
Attorney from the State of Illinois.
Your state of residence may have different requirements.
Please contact us for further advice concerning a Durable Power of
Attorney document for your state.
As we emphasize during every Family Seminar, now is
the time to sit down with family members and discuss what steps should be
taken, and by whom, in the event you are seriously injured at work. At a very difficult and emotional time such as having a
family member seriously injured, we believe that the family should be able
to focus on providing care, comfort and support to the injured worker, and
not have to worry about legal issues.
To relieve part of the burden on you and your family at the time of
a serious injury, and to give us the opportunity to assist you, the
following is a checklist of steps to be taken to prepare and respond to
such an emergency:
EMERGENCY RESPONSE CHECKLIST
Printer
Friendly Format
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Hold a family meeting and discuss what steps should be taken in
event of a tragedy at work.
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Designate a spouse or adult child, or another family member, on a
Durable Power of Attorney, to be able to make legal decisions for you in
case of emergencies.
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Prepare a list of disability policies, e.g., work/occupational,
mortgage, car, credit card or other policies - which you have purchased.
Review the documents and prepare a list of the contact persons,
addresses and telephone numbers.
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Give your spouse or adult child, or another family member, a copy
of the Emergency Response Checklist, the Durable Power of Attorney, and
instructions on where to find the disability policies.
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Place your HF&D train magnet in your house in an easily
accessible location, e.g., your refrigerator.
If you do not have any of our magnets, please let us know and we
will mail our latest magnet to you.
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Grab the magnet as you leave the house for the hospital so you will
have our telephone number.
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Call Hoey & Farina as soon as possible at (888) 425-1212.
Once we receive the call, day or night, you have our promise that a
Hoey & Farina representative will be en route to the hospital within an
hour's time.
Authorize
Hoey & Farina to begin an
immediate investigation and file suit if necessary to preserve evidence.
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