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The Straight Track Index 2000:
A chronological index of the Hoey & Farina
Newsletter for Railroaders To find
articles:
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STRAIGHT TRACK #41
From One Railroader To Another
We'd like to introduce you to two of our investigators, Charles E. Gebhardt and Michael J. Kinney. Both of these gentlemen have long histories as railroaders. We are proud to have them on staff to serve you and your family.
STRAIGHT TRACK #39 & #40
Your Right To Choose And Recommend Designated Legal Counsel Was Fought For By Your Union - Exercise Those Rights
Part I | Part
II
The Federal Employers Liability Act is a Law passed by the United States Congress in 1908. The Law was enacted by a Congress that was enraged over the dismal safety records of the railroads and their lack luster efforts to lessen the injuries and deaths caused through the carrier’s careless disregard for the safety of their employees. It provides the exclusive remedy for any railroad employee injured solely through the fault of his or her railroad
employer.
STRAIGHT TRACK #38
H&F's Confidential Firm Evaluation
Who better to ask whether we’re doing our job than our clients? This evaluation is the logical conclusion to our introductory letter to the client that informs him of the team members in our firm who have the primary responsibility for his
case.
STRAIGHT TRACK #37
Emergency Response Checklist
Railroaders at our Family Seminars 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. Included in this newsletter by Alan Fisher is the Durable Power of Attorney form and "The Emergency Response Checklist" sheet.
STRAIGHT TRACK #36
At Hoey & Farina, Size Doesn’t Matter --
$15,000 Offer / $118,144 Verdict
At Hoey & Farina, every injury is evaluated on an individual basis, and every injured railroader treated with respect whether your case is large or small. If the railroads are unreasonable, what is shared in common by all cases at
Hoey & Farina is that your case will be handled with the same
attention.
STRAIGHT TRACK #35
Who’s Really Paying Your Medical Bills
Most injured railroaders require medical treatment in order to recover from their injuries. Often, the railroader will begin receiving medical treatment without giving much thought to how and when related medical bills will be paid. There are numerous reasons why a railroader may not immediately address this issue. This article will address the need to discuss the payment of medical bills with your FELA Designated Counsel, as early as possible following any
injury.
STRAIGHT TRACK #34
Aggravation of a Pre-Existing Condition
This week’s article focuses on the aggravation of pre-existing conditions in the same part of the
body.
STRAIGHT TRACK #33
Civics Lesson 101
If I might be so bold as to suggest that this is one of America’s finest hours. The process will be a teaching lesson for all third world countries and the 100 million Americans who didn’t
vote.
STRAIGHT TRACK #32
Prior Injuries, Prior Accidents And Prior Medical Conditions
If you are an injured railroader, the furthest thing from your mind when you sustain an injury on the job are past accidents, injuries, or medical conditions. In most instances, these events or conditions will have nothing to do with your claim. However, your failure to disclose these events or conditions at the appropriate time may impact your ability to receive fair compensation.
STRAIGHT TRACK #30
Working For The Railroad Off The Property
The company is required to provide safe working conditions even when you work off railroad property. Early on it was recognized that railroading is a dangerous occupation. It is also undisputed that railroad companies generate enormous profit. Therefore, Congress and the Courts have put the cost of the eyes, arms, backs and lives of railroad employees on the railroad.
STRAIGHT TRACK #29
Understanding The Railroad's Use Of Cab Companies
Several of our readers have recently asked if there are special or different considerations which apply to situations involving contract or commercial carriers furnishing crew transportation as opposed to vehicles owned and operated by the railroad. The short answer is that liability is the same.
STRAIGHT TRACK #28
Why Stiletto Heels Should Not be Worn While Walking on Ballast
Now that I have your attention, let's talk about the use of safety equipment, tools and protective clothing furnished by the railroad.
STRAIGHT TRACK #25 & #26
How Much Is My Case Worth? Part I | Part II
At some point during the initial interview with a new or potential client, I am almost always asked, "How much is my case
worth?"
By Gary F. Babiarz, Chief Investigator, Hoey & Farina.
STRAIGHT TRACK #24
Best Tests & Care For Prostate Cancer
With the graying of the work force in the railroad industry, prostate cancer has become a major concern of railroaders' and their families. Consumer Reports recently published "Best Tests and Care for Prostate Cancer," which is the subject of this edition of Straight Track.
STRAIGHT TRACK #23
Your Doctor Must Be Your Best Friend;
What The Doctor Doesn't Know Can Hurt You
The file of information collected about an injured railroader immediately after an injury will contain as much medical information that the railroad can find. Unless properly advised, your treating doctor may mistakenly believe the railroad is paying your medical bills and should be given your medical records, or worse!
STRAIGHT TRACK #22
When In Doubt, Write It Out
The old saying, "A picture is worth a thousand words," also works for complaint letters. A railroad official may forget a verbal complaint, but when faced with written reports of bad conditions, a railroad is more likely to act, which means better safety conditions for you and your fellow railroaders.
STRAIGHT TRACK #21
Railroad Logic
Have you ever wondered why the standard U.S. railroad gauge - the distance between the rails - is the seemingly random figure of 4 feet 8.5inches? Would you believe it dates back to Roman times? Read up on such interesting railroad related facts.
STRAIGHT TRACK #20
Preserving Evidence: A Hard Lesson With A $1.15 Mln Happy Ending
On July 28, 2000, a federal jury returned a $1,156,340 verdict in favor of a disabled, former conductor, Mr. Dale Diamond, and against the defendant railroad. Mr. Diamond’s more than four year ordeal reveals the importance of preserving evidence and the need of contacting union designated legal
counsel.
STRAIGHT TRACK #19
Managing The Legal Thicket After Getting Injured:
A Railroader’s First Steps Toward Recovery Of A Claim
In order to maximize the potential for a timely resolution of a client’s claim, it is important to present the railroad’s claim agent with a “three-in-one tool”: a written summary of the facts surrounding the injury, an analysis of the applicable law with respect to liability and damages, and a settlement
demand.
STRAIGHT TRACK #17
The Company Doctor, The Company Medical Witness
If you are an injured railroader, after making out your injury report, the next person you will likely see is the company doctor. This physician, however, may be a full time employee, or outside contractor, of the railroad, and at most railroads, the company doctor works hand in hand with the railroad's claims department.
STRAIGHT TRACK #16
Asbestos: Railroads' Quiet Killer
Asbestos remains a real health hazard to railroaders, still present to a great extent after all these years in railroad buildings and repair shops, especially older structures.
STRAIGHT TRACK #15
More Than Just Words: "You May Not Need
A Lawyer, But You Do Need Legal Advice"
Every lawyer loves to talk about the million-dollar case he settled or tried. Frequently, at our firm, there is another type case which, when resolved, brings with it a considerable amount of personal satisfaction.
STRAIGHT TRACK #14
Getting To Know Our Support Staff
Hoey & Farina has always taken a unique personal approach to helping inured railroaders and their families. We'd like you to know a little more about our family/support staff members.
STRAIGHT TRACK #13
What's The Claim Agent's Job?
His Job Is To Save The Railroad Money
Many times we have heard from an injured railroader, "I am going to give the claim agent a chance." Why?
STRAIGHT TRACK #12
Disability Benefits: What Every Railroader Needs To Know
If you sustain an on-the-job injury and are unable to work, it is imperative that you know what benefits are available and how to begin the process to receive those benefits.
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STRAIGHT TRACK
FEEDBACK:
After reading Straight Track #12, Brother Kent L. Bushman, Vice Chairman of C&NW Systems Federation
BMWE, responded to Mr. John Grob.
STRAIGHT TRACK #10 & #11
Health Track: A two part series on health related issues of interest to railroaders and their families.
Part One: FITNESS 101 -- How Much Exercise Is Enough?
Part Two: Exercise Prescriptions, The Payoffs Are Priceless
STRAIGHT TRACK #9
Is There A Right Way To Complete A Personal Injury Report?
What ever they call it on your railroad - injury report, accident report, incident/accident report or personal injury/illness report, the report that the carrier requires you by rule to turn in when injured on the job, could be the single most important document you ever fill out. Fill it out carelessly, and your claim against the railroad can be diminished if not destroyed.
STRAIGHT TRACK #8
Must I Give A Statement To The Railroad About My Injury?
Railroad Claim/Risk Management Departments have become much more aggressive in defending and investigating employee injury claims. The primary function of these departments, whatever name they go by, is to settle FELA claims as quickly and cheaply as possible.
STRAIGHT TRACK #7
Prepaid Medical Bills
The medical insurance benefit that is part of the wage and benefit package under the collective bargaining agreement is part of your negotiated compensation package. You are entitled to medical insurance coverage because you have earned this benefit. You, the employee, have earned the medical insurance benefits as part of your wages.
STRAIGHT TRACK #6
Does The FELA Apply If I Am Injured Riding In A Motor Vehicle While I Am On The Job?
This is a question frequently asked by railroad employees. As the answer depends on the facts and circumstances, you need to know what to do to avoid putting yourself in a position where you would not be covered by the FELA.
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STRAIGHT TRACK
FEEDBACK: After reading the Straight Track #6, Brother Kent L. Bushman, Vice Chairman of C&NW Systems Federation
BMWE, responded to Mr. Frank E. VanBree.
STRAIGHT TRACK #5
Hoey & Farina Launches New Web Site To Better Inform Railroaders Of Safety Related Topics
Hoey & Farina announced the launched of a new Web site on April 28, 2000 to better bring to railroaders and their families the latest news and information on railroad worker safety and accident issues.
STRAIGHT TRACK #4
Family's Prompt Action Secures
Important Settlement For Injured Trainman
During the early evening hours on May 24, 1999, Jim Foley, H&F Attorney, answered a telephone call to the office from a concerned local union officer.
STRAIGHT TRACK #3
If Injured, Be Aware: Rail Road Surveillance Can Ruin Your Case
When a railroad worker is injured while at work due to the negligence of the railroad, The Federal Employers' Liability Act ("FELA") allows the injured railroad worker to seek monetary damages from the railroad for his injuries. If the claim is not settled, it will most likely be tried before a jury.
If you have any questions regarding a FELA personal injury matter, please
email us or phone our office toll free at (888) 425-1212. Your questions will be promptly answered with no obligation on your part.
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