Prepaid Medical Bills

Prepaid Medical Bills

Daniel Downes
Hoey & Farina Attorney
1-888-425-1212

Historically, rail labor unions were formed to bargain collectively against the railroads for wages and benefits and to protect its members’ jobs.

The labor representatives were also keenly aware of the work hazards to rail employees. Group insurance benefits became a very important issue to the rail labor organizations so that its members and their families would be protected in the event a railroad employee become injured or killed while working in the rail industry. Accordingly, almost all rail industry collective bargaining agreements provide for medical insurance to cover most, if not all, of the medical costs related to an employee’s injury or death, regardless of fault. In addition to the coverage provided in labor agreements, several labor organizations offer additional medical and/or disability insurance benefit coverage for their members and families.

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.

In other words, the injured employee or the family of an incapacitated or killed employee has already paid in full, out of the employee’s own pocket, for the coverage available and due under the labor contract.

Many railroad employees and their families are under the false impression, often due to misleading statements from railroad officials or the "friendly" claim agent, that the railroad is gratuitously paying the medical bills as a result of an injury at work. Whereas, in fact, you have a contractual right to the benefit. All too often the railroad claim agent uses this approach to gain the confidence of the injured railroad worker when the claim agent is merely acting as a conduit for the injured employee in submitting the bills to the insurance company or other responsible party for payment. Do not be persuaded into giving up your rights under the FELA because you mistakenly believe your medical needs and expenses are dependent upon you yielding to the desires of the railroad’s claim department. The railroad, its officers, and claim agents are your legal opponents when you make a claim under the FELA against the railroad for an injury you received while working. You have an absolute right to the benefits you have already paid for, including an absolute right to choose the doctors you want to treat you. You have earned these rights and you should exercise them.

Most doctors do not know the conditions under which you work and the physical requirements of your craft. They do not know that there is no "light duty" on the railroad and that you can be disqualified for not being able to meet all the physical requirements of your craft. Many of the carriers established your job requirements 20 years ago in a document published by the Association of American Railroads entitled "Railroad Industry Job Analysis." Hoey, Farina & Downes has copies of these summaries for your specific craft available for you, and we will gladly provide you a copy along with other valuable information to give to your treating doctor. Your doctor can then make an informed decision concerning your work status and thereby render treatment consistent with your work responsibilities. Your doctor should make medical treatment decisions based on his interest in your well being and all the facts available - not entirely on the representations of the railroad officers or claim agent. That’s why it is important for you to choose your own independent doctor for treatment.

Hoey & Farina, your Designated Legal Counsel, is available to offer free legal advice related to your injury and help answer your questions concerning the medical insurance benefits you are entitled to under your collective bargaining agreement. You owe it to yourself and your loved ones to find out what rights you have if you are injured. Contact Designated Legal Counsel by calling HOEY & FARINA, toll free at 888-425-1212. Don't wait, do it now - it’s your earned benefit and you most likely have already paid for the medical treatment you need by a doctor of your choice!