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Straight
Track #43
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Dealing Fairly With
The Claim Agent
Gary
Babiarz
Hoey & Farina Chief Investigator
1-888-425-1212
When it comes right down to it, most railroad workers are
loyal employees with a good work ethic. Unfortunately, when a railroad worker is
injured on the job it is his sense of loyalty, combined with his lack of
understanding of the FELA law, that sets him up to be "railroaded" by
the claim agent.
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It is not uncommon for a injured railroad worker to say
to me, “I just want to do what's right. I'll give the claim agent a
chance and if he tries to mess with me, I'll give you guys a call.” The
problem is that most railroaders don't know when they are being taken
advantage of because they don't know what rights they have under the law.
To deal fairly with the claim agent, you need to
understand exactly what the claim agent can or cannot do for you, and what
rights and advantages you have to give up in order to work with them. The
claim agent is likely to say, “Don’t worry, I’ll take care of
everything. I’ll give you money and take care of the hospital bills.”
Understand that just because the claim agent is offering
you money, it does not mean that the railroad is accepting responsibility
for your injury. The only thing the claim agent is doing is offering you
money that will be subtracted from any claim you might have against the
railroad. Furthermore, most claim agents will not inform the injured
employee that he is entitled to RRB sickness benefits.
You also need to understand that because you are not
covered by Workers' Compensation, the group insurance plan negotiated in
the collective bargain agreement is paying your medical bills, bills that
you and your doctor have the right to submit directly to the insurance
company.
The only things the claim agent can pay are the co-pay,
deductible, or percentage pay, and for that he will want you to give up
something you are entitled to.
In a nut shell, the only two things the claim agent can
do for you is give you your own money and pay your medical bills with your
own insurance.
And in return for what the claim agent is supposedly
doing for you, what does he ask in return? He's going to ask that you give
him a recorded statement. As we've discussed in previous issues of
Straight Track, giving a statement is one of the most costly mistakes an
injured railroader can make, especially if he gives one prior to talking
to designated legal counsel. Understand that under the FELA law, you are
not required to give a statement to the claim agent. (Caution: A statement
might be a requirement in some instances. Check with your local or general
chairman, if in doubt.) He will also ask you to sign a general medical
information authorization. Unless you limit it to the injury in question,
the railroad can use it to obtain your entire medical history.
So, while all of this "dealing fairly" is
going on, what else is the railroad doing? More than likely the railroad
is setting up a disciplinary investigation of you. If you, or any one you
know has ever been brought up on disciplinary charges after being injured,
you know how unfair that is! The railroad is looking for a way to blame
you for being injured. They may even be looking to fire you.
With all of this in mind, if you really want to deal
fairly with the claim agent, do the following things:
1.) Get disability and out of service insurance, now,
before you are injured.
2.) Don't give a statement to the claim agent before
talking with HF&D.
3.) Contact Hoey, Farina & Downes as soon as
possible if you are ever injured at work. (We can be reached 24 hours a
day at 888-425-1212.)
4.) Include any unsafe conditions or defective equipment
on the injury report.
5.) Treat with your own doctor(s).
In conclusion, if you look up the word
"railroad" in the dictionary, there are several definitions: a
permanent road having a line of rails fixed to ties and laid on a roadbed
and providing a track for cars or equipment drawn by locomotives or
propelled by self-contained motors, and to treat unfairly, ramrod or
convict with undue haste and by means of false charges or insufficient
evidence.
Take our advice. Don't let the second definition apply
to you; don't let the railroad "railroad" you after you've been
injured.
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