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The Straight Track Index 2003:
A chronological index of the Hoey & Farina Newsletter for Railroaders

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STRAIGHT TRACK#189
The Railroad In The Exam Room
An injured railroader should have the fundamental right to be left alone in an examination room to discuss his condition with his doctor. After a recent FRA ruling, the railroads now must acknowledge this right.

STRAIGHT TRACK#188
How To Enjoy The Holidays (And NOT Gain Weight!)
Another in our occasional series on health-related topics.

STRAIGHT TRACK#187
Charity Matching Fund 2003
Hoey & Farina is pleased to announce that we are again sponsoring a Charity Matching Fund.

STRAIGHT TRACK#186
Veterans Day 2003
We want to thank everyone who sent in messages and thoughts for this Veterans Day edition of Straight Track. As you know, Veterans Day honors all who have served in the military -- at home and overseas, in peace and in war, both living and the deceased...

STRAIGHT TRACK#185
Know Your Equipment
It takes money and time for a railroad to properly maintain equipment. Too often, we see railroads cutting corners when it comes to equipment maintenance and repair -- with catastrophic results.

STRAIGHT TRACK#184
Labor Unions Still Work For Everyone
A commentary by a Penn State labor professor from the Los Angeles Times.

STRAIGHT TRACK #183
Protecting Your Rights At The ER
The old saying, "An ounce of prevention is worth a pound of cure," applies equally well to your rights under the FELA.

STRAIGHT TRACK #182
FELA 102: Damages
The third part in a special Straight Track series that takes a close look at the federal law protecting railroaders.

STRAIGHT TRACK #181
Clearing The Air On The Duty To Mitigate Damages
The duty to mitigate damages does not tell every railroader to go back to work. That is what the railroad wants you to hear.

STRAIGHT TRACK #180
After I'm Hurt At Work, Why Should I Do Vocational Rehabilitation?
One of the most important damage items of any FELA case is the economic loss suffered when a railroader can no longer do his railroad job.

STRAIGHT TRACK #179
Farina Beats BNSF On "Sole Cause" Defense
Because of BNSF's negligence, a train ran over and severely crushed Jesus Martinez's right foot. BNSF gambled with what's called a "sole cause" defense. But the Railroad's gamble backfired.

STRAIGHT TRACK #177 & #178
"I Didn't See Anything" -- Part I & Part II
The railroads have done an effective job intimidating workers into believing that anything they do or say will get them fired. Learn how to come to the defense of an injured co-worker.

STRAIGHT TRACK #176
Preparing For The Unthinkable: Death Claims & The FELA
This article is an attempt to help railroaders prepare their families in the event of the unthinkable: death while working on the railroad.

STRAIGHT TRACK #175
A Premium Smokescreen
Tort reform is back in the headlines with new campaigns stressing the medical malpractice "crisis." However, insurance reform is what is really needed to protect consumers and the insured from high premiums.

STRAIGHT TRACK #174
Railroads & Riverboats
What does a riverboat blackjack dealer at a floating casino and car-knocker have in common?

STRAIGHT TRACK#173
Bankruptcy & The FELA
What every railroaders should know about bankruptcy and the federal law that protects injured railroad workers.

STRAIGHT TRACK#172
Celebrate Railroading On July 4th
About the July 4, 1828 launch of America's first public railway carrier -- the famous Baltimore-Ohio Railroad.

STRAIGHT TRACK#171
Crew Cell Phone Use To Be Restricted
Under new recommendations to the FRA, railroads are expected to restrict cell phone use by railroad crews.

STRAIGHT TRACK#170
Prepare To Be Heard!
What You Can Do To Help Protect The FELA & Fellow Railroaders.

STRAIGHT TRACK#169
Structured Settlement: A Way To Secure Your Future
If you are seriously injured, a structured settlement annuity may provide you with the assurance that the money you receive from you law suit will be sufficient to meet your future expenses.

STRAIGHT TRACK#168
If It's Not A Slip, Trip or Fall, What Is It?
Biomechanics of Walking on Railroad Ballast
A recent peer-reviewed study evaluated the effects of walking on ballast for railroaders, and concluded that walking on ballast can lead to musculoskeletal disorders. The results potentially could represent a step forward toward recognizing a link between ballast and cumulative trauma disorders.

STRAIGHT TRACK#167
Workplace Privacy & Access To Personnel Records:
Many railroaders are concerned about their right to privacy at work and their right to access their personnel record. Attorney Alan Fisher, who spent years tackling many of these issues as a federal arbitrator, unpacks the privacy-related issues.

STRAIGHT TRACK#166
Terror Measures Ruffle Railroads
Railroads Stop Carrying Explosives Because of New Security Regulations.

STRAIGHT TRACK#165
New Patient Privacy Rules
What the new federal health privacy regulations mean for railroaders.

STRAIGHT TRACK#164
Winning The Railroad Lottery
The railroad wants you to play their game if you get hurt on the job. Read what not to do -- The Top Five Mistakes Railroaders Make When Injured on The Job.

STRAIGHT TRACK#163
Remembering a Life of Giving
Our firm is deeply saddened by the loss of our wonderful friend, J. Dillon Hoey. He will be greatly missed by the 25 families of Hoey & Farina, and by so many more in the railroad and legal communities.

STRAIGHT TRACK#162
Asbestos Accord Said To Be Near
Companies, insurers, unions and senators are nearing an agreement to end all lawsuits and to set up a $100 billion fund for victims.

STRAIGHT TRACK#161
Notice, Notice, and More Notice
Notice to the railroad of an unsafe condition or defective condition is essential for a FELA case. It would absolutely amaze many railroaders to hear of the common, longstanding unsafe conditions the railroads deny knowing anything about when they are before a jury.

STRAIGHT TRACK#160
Protecting Railroaders from Retaliatory Discharge
Railroaders are increasingly afraid to contact attorneys and file FELA claims for fear of getting fired. What Railroaders in Illinois need and deserve is the same strong protection they'd have under laws in Vermont and Louisiana.

STRAIGHT TRACK#159
Retaliatory Discharge & The FELA
Railroaders frequently ask, "What happens when the railroad fires an injured railroader in retaliation for getting injured on the job?" In the current railroad/labor arena, unfortunately, this is a situation that needs to be addressed.

STRAIGHT TRACK#158
Making A Difference Together, Again -- $50,000 Target Reached
The 2002-2003 Charitable Matching Fund has reached its goal of $50,000 in total donations. Read the article to see the results.

STRAIGHT TRACK#157
Three Years & Counting... 
The Hoey & Farina weekly email newsletter Straight Track celebrates its three year anniversary.

STRAIGHT TRACK#155 & #156
Big Supreme Court Victory For Railroaders Part I | Part II 
A two part series covering the important decision by the U.S. Supreme Court in March, 2003 that grants injured railroaders strengthens the law that protect their rights.

STRAIGHT TRACK#154
A Free Ride for Bad Doctors
An Op/Ed article on the subject of caps on medical malpractice damage awards by Sidney M. Wolfe, a physician, and director of the Public Citizen Health Research Group.

STRAIGHT TRACK#153
Use Em Up & Spit Em Out: Negligent Assignment & The FELA
The railroad is negligent if it knows, or should know, that its assignment exposes an employee to an unreasonable risk of harm. This simple concept, however, gets complicated very fast.

STRAIGHT TRACK#152
The Creosote Threat
A dangerous chemical that the government bars from the consumer marketplace remains in widespread use in railroad industry. Understand the risks poised by creosote to better protect yourself and your family.

STRAIGHT TRACK#151
Senate to Consider Pro-Management Changes to Railway Labor Act of 1926 
A Senate committee is considering revisions to the Railway Labor Act of 1926 that could end the right of railroad workers to strike.

STRAIGHT TRACK#150
Why Does It Still Hurt? Reflex Sympathetic Dystrophy
This chronic neurologic syndrome is rarely recognized by doctors and hardly ever mentioned by lawyers. Learn why this condition affects so many railroaders.

STRAIGHT TRACK#149
FELA 101
Everything the railroad does not want to know about your rights under the federal law protecting railroaders on the job.

STRAIGHT TRACK#148
Oh My Aching Wrist! Carpal Tunnel Syndrome & The FELA
The article provides an overview of repetitive stress injuries, including Carpal tunnel syndrome.

STRAIGHT TRACK#147
Freight Railroads Hopeful for 2003, Passenger Rail Expects Upheaval
Industry analysts predict the year ahead for freight railroads will largely follow trends of the nation’s economy. In other words, it will start out slow but gain momentum later in 2003.

STRAIGHT TRACK#146
FELA Under Attack?
Republicans, backed by many corporate executives, are makings significant if little-noticed progress in their campaign to strike back at trial lawyers and shield U.S. companies from multimillion dollar liability lawsuits.

STRAIGHT TRACK#145
Update: Charitable Matching Fund
Here is a reminder to all to participate in the $50,000 Charitable Matching Fund.

STRAIGHT TRACK#144
What Is The FELA?
The law governing railroad injuries is unknown to most people and many lawyers. This article explains the law and what railroaders should do to secure their rights under the FELA.

STRAIGHT TRACK#143
Don't Let Your Claim Slip Away
“I slipped on the ice” or “I slipped in the snow”. Those words on an Injury Report describing how your injury occurred will diminish the value of your claim, if they do not eliminate it altogether.

STRAIGHT TRACK#142
Crime Rarely Pays: The FELA & Criminal Acts Against Railroad Workers
What happens if you get shot in the eye by someone taking a BB-gun pop shots at your train? Whether or not your injury is covered under the FELA is more complicated that it might appear.

STRAIGHT TRACK#141
Railroader Discovers The "Discovery Rule," The Hard Way
When does the clock starting ticking on the deadline for filing a lawsuit against the railroad? 

STRAIGHT TRACK#140
Working The Job & Getting Sued: Understanding The Issue of Employee Negligence
Any time you are involved in an accident on the job, you are exposed to being sued personally for injuries arising out of the accident.

STRAIGHT TRACK#139
Charitable Matching Fund 2002
Given the tremendous response from last year's effort, this holiday season we are again launching a Charity Matching Fund.

STRAIGHT TRACK#138
New Study Reveals Risks from Harmful Vibrations For Engineers
An important new first of its kind study has concluded that current locomotive cab seats appear inadequate to reduce the potentially harmful vibrations and shocks conveyed to the seated operator. The study potentially could represent a major step forward toward recognizing a link between whole-body vibration and cumulative trauma disorders suffered by railroaders.


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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Hoey & Farina


James L. Farina


J. Dillon Hoey
1941-2003

 
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