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Straight
Track #12
Disability Benefits:
What Every Railroader
Needs To Know
John Grob
Special Investigator
Hoey & Farina
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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Upon qualifying for U.S. Railroad Retirement Board
("RRB") benefits, you can receive sickness benefits of $480
every two weeks. To qualify
for benefits for the year beginning July 1, 2000 through June 30, 2001,
you need to have earned a minimum of $2,425 in railroad compensation in
1999, counting no more than $970 in any month.
In addition, if 1999 was the first year you worked in the railroad
industry, you must have at least five months of railroad employment that
year.
Although there is a one-week waiting period requirement
before RRB benefits are paid, a Sickness Benefits Application form can be
filled out immediately after your injury. It is extremely important that
the benefit form is completed correctly.
It is also necessary that: 1)
you have a doctor complete the medical portion of the form in order to
support your claim of sickness or injury; 2) you provide your Social
Security number, which then becomes your claim number; and 3) you let the
RRB know if you are receiving ANY
INCOME other than supplemental sickness benefits.
Further, before you answer the question, "Are you
planning on filing a lawsuit in this matter?", you should first
consult with a designated legal counsel.
You may also be eligible for additional short-term,
supplemental sickness benefits. Provident
Insurance Company provides one such benefit that is available to certain
railroad craft employees under the national labor agreement.
As an example, supplemental sickness benefits through Provident
provides a scaled portion of what you would have earned if you were able
to work, upwards to $1,100 a month. Without supplemental sickness
benefits, a qualified railroader will receive only $960 a month from the
RRB.
If you do not know whether supplemental benefits are
available to you, it is important that you contact your union
representative. If
supplemental benefits are not available to you and your family, you should
obtain information on what type of insurance coverage can be purchased for
you and your family. It is
important that you have supplemental sickness benefits to protect your and
your family's needs in case you become sick or injured.
Without adequate short-term sickness benefits or supplemental
sickness benefits, you could be forced to deal with the claim agent out of
financial necessity and settle your claim at a discount.
Moreover, be mindful that you could forfeit your ability
to draw sickness benefits that have been negotiated for you by your union
because of your failure to complete an accident/injury report or by
accepting a "light duty" position offered by the railroad.
Keep in mind that by accepting “light duty,” the railroad is
able to reduce the monetary value of your injury claim.
The majority of the continued work program, light duty, interesting
enough, is almost always offered only to railroaders who get hurt at work
and not to those employees who are suffering from an illness or
experienced an off the job injury. BE AWARE, if your treating
doctor determines that you should not be at work because of your injury -
you cannot be forced to accept light duty work.
You should keep both a Sickness Benefits Application
form and a Supplemental Sickness Benefits form in a safe place, so if
anything happens, they are readily available. Benefit forms can be
obtained through your employer, your labor organization, the RRB, or Hoey,
Farina & Downes.
In closing, our firm has investigators and attorneys
with many years of experience assisting injured railroad workers and their
families with completing benefit forms and answering questions concerning
benefits. If you ever have
any questions concerning these issues, please contact us at our toll free
number 1-888-425-1212.
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