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Straight
Track #273
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Back To The Basics: How To
Complete An On-The-Job Injury Report
John Grob, Investigator
Hoey & Farina
jgrob@hoeyfarina.com
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As stated in past Straight Track articles, it is best to prepare in case
of the unfortunate circumstance of having an on-the-job injury. As there
are new railroaders out there and some who haven’t gotten the news, I
would like to remind you again that the railroads already have a system
in place as to how to respond if you claim an injury while on duty.
Accordingly, YOU need to know what to expect if injured at work and how
to complete an on-the-job injury report to protect yourself and your
family.
1. RAILROAD’S NEGLIGENCE
When filling out the accident report, be sure to identify the unsafe
condition(s) or defective equipment on the report. Also, report if
improper training or work procedures were in any way responsible in
causing your injury. Never be coerced into writing that you should have
done the work in a different manner. You did it as you were trained or
directed.
2. GET A COPY OF YOUR INJURY REPORT
After filling out the injury report, get a copy for your records. From
that point forward, you have to be mindful of and consistent with what
you wrote in that report. Be brief in any questioning and do not
embellish on what you wrote as you may harm your claim in doing so.
3. STATEMENT TO CLAIM AGENT
Give NO statement to anyone without first talking to Hoey & Farina. If
you are pressured or threatened with losing your job, please refer back
to your accident report in answering any further questions.
4. DOCTOR-PATIENT PRIVILEGE
At all times when you are getting medical attention, advise the hospital
that the railroad management is not to be present during your treatment.
Be sure to tell the treating medical staff that you want your
doctor-patient privilege protected.
5. TREAT WITH YOUR OWN DOCTOR
You may be required to see the company doctor, but only for an
examination. Seek your own doctor for treatment and do this as soon as
possible. And, as equally important, when seeing your doctor, report to
him what caused your injury so it can be noted in your medical records.
6. MEDICAL CASE MANAGEMENT WORKER
The railroad may hire a case worker to follow your medical. It is always
best to contact Hoey & Farina on how to establish this relationship and
to learn to what extremes this person may go to in reporting your
medical information to the railroad.
7. U.S. RAILROAD RETIREMENT BENEFITS
Immediately contact your local U.S. Railroad Retirement Board office to
start your benefits. If you delay, you may be penalized for late filing.
8. SUPPLEMENTAL BENEFITS
Contact the provider of supplemental benefits that you may have. The
providers also may have time periods in which you are required to file.
9. CONTACT HOEY & FARINA
The best way to respond if you sustain an on-the-job injury is to
contact Hoey & Farina as soon as possible for free legal advice. Our
years of experience in handling FELA claims is available to you 24 hours
a day / 7 days a week. We are here to help you follow all of the above
directions and protect you and your family. You can reach us at (888)
425-1212.
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