|
Straight
Track #276
|
Expect The Unexpected
Ray Keane, Attorney
Hoey & Farina
|
 |
One of the first rules that a
new railroader will learn and veteran railroader's follow is to "Expect
Movement of Trains on Any Track in Any Direction at Any Time." In other
words, if you “expect the unexpected” while at work, you'll increase the
chances that you'll go home safely at the end of every day.
This saying can also be
applied to being prepared financially in the event you are injured
on-the-job.
The Unexpected
Unexpectedly you're injured
at work. Now, not only do you have to be concerned about your recovery,
but also how to pay your monthly bills because the money stops coming
in. Unless you already had an economic plan in place prior to your
getting injured, you're going to be in for hard times ahead. And, you're
in a position of weakness with the railroad.
What Are You Expecting?
The railroad does not have to
provide you with income while you are off injured. You are not covered
by state Workers' Compensation laws; your injury is covered by the
Federal Employers' Liability Act (FELA). Under that Act, when you are
injured on the job, the railroad is held harmless. In other words, you
have to prove that the railroad is at fault or it owes you nothing. Any
money the railroad gives you, whether it is an advance on your claim or
a setoff against your wage loss in the form of wage continuation, is
totally voluntary. And in reality, it's your money that it is giving
you. So, when you agree to let the railroad give you your own money, you
do it at a great risk to your claim.
Especially in today's
economy, by applying financial pressure on you to accept advances or
wage continuation, the railroad knows it can control your medical
treatment and get you to provide a statement - the two most crucial
elements to your economic recovery. Your statement of facts will either
establish or take away liability against the railroad. Again, if you
cannot prove the railroad is at fault, no matter how serious your
injury, it owes you nothing! Without fully understanding this, you may
innocently answer a question that gives the railroad the upper hand it
is looking for. The railroad knows you don't have to give a statement.
The railroad also knows, however, if you're hurting for money (because
you don't have a back up financial plan), it can pressure you into
giving a statement in exchange for advances or wage continuation.
How to be Prepared
Financially for the Unexpected
When you are injured on-the-job, your only focus should be your medical
recovery while maintaining control of your claim. The only time the
claim agent should be involved with your claim is when you want him to
be - when you are healed and are ready to settle.
Plan Ahead by Doing the
Following:
1) Total all your monthly
bills: mortgage payment, auto loans, credit card, utilities,
food/clothing, etc.;
2) If you are qualified for
Railroad Retirement Board sickness benefits, subtract $1260 per month
from the above total; then,
3) Contact your Union Rep
regarding disability insurance policies and, in addition, contact your
personal insurance agent to see if you can obtain enough coverage for
you and your family during this unexpected, difficult time.
If you ever have any
questions regarding an injury, please contact Hoey & Farina at (888)
425-1212 or info@hoeyfarina.com.
[top]
|
