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The Straight Track Index:
An chronological index of the Hoey & Farina Newsletter for Railroaders To find
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STRAIGHT TRACK #261
Railroad Offers Free Legal Advice To
Injured Employees
As a union officer, it is your right, duty and privilege to be able to
recommend your members to Designated Legal Counsel.
STRAIGHT TRACK #260
In a special series of articles, the Hoey & Farina Railroad
Retaliation Report details a crucial new law.
Part I |
Part II |
Part III
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Part IV
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Part V
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Part VI
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Part VII
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Part VIII|
Part IX
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Part X
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Part XI
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Part XII
STRAIGHT TRACK #259
Railroad Offers Free Legal Advice To
Injured Employees
Hoey & Farina received a new brochure that a railroad gives its
employees. The brochure's purported purpose is to answer on duty injury
questions. Nowhere in the glossy brochure does the Railroad tell its
employees the truth: Once you are injured, you are a liability, and
minimizing its liability is "only business" to the railroad.
STRAIGHT TRACK #258
Prepare for the Winter Months: Don't Slip
Up
Now is the time to understand that if you slip and fall at work, the
presence of ice or snow does not by itself establish liability against
the railroad under the Federal Employers' Liability Act (FELA).
STRAIGHT TRACK #257
Record Illinois Verdict for Injured
Railroad Conductor
James Farina is pleased to announce that Hoey & Farina Attorney William
McMahon obtained a record Illinois verdict in the sum of $715,852.42 on
behalf of Conductor/Engineer William Fletcher for shoulder injuries
sustained as a result of a motor vehicle accident that occurred on the
job.
STRAIGHT TRACK #256
Difference In Benefits Between Railroad
Retirement And Social Security
After reading a recent Straight Track article, one of our readers
suggested we share a March 2007, the U.S. Railroad Retirement Board news
release concerning the differences in Railroad Retirement and Social
Security Benefits.
STRAIGHT TRACK #255
Off Track Vehicle Accident Protection
Are you aware of the Off Track Vehicle Accident Benefits? Did you know
you may be entitled to monetary benefits up to $1,000.00 per week for
156 weeks under your collective bargaining agreement?
STRAIGHT TRACK #254
Important Railroad Retirement Board
Update
Railroad Retirement Age Reductions
The Railroad Retirement Board, in April 2007, issued a new release
concerning changes to Railroad Retirement Age Reductions.
STRAIGHT TRACK #253
Hoey & Farina: Representing All Seriously
Injured Individuals & Their Families
Hoey & Farina wants you to know that our law firm is dedicated to
representing all seriously injured individuals and their families,
whether the injuries are due to railroad accidents, construction or work
accidents, automobile accidents, medical malpractice or defective
products.
STRAIGHT TRACK #252
Jury's "Not Guilty" Verdict Overturned By
Federal Trial Judge
The extraordinary ruling by the trial judge in overturning a jury
verdict, without the necessity of an appeal, was done because there was
"no plausible basis to sustain the jury's finding" and that the verdict
was "contrary to the manifest weight of the evidence."
STRAIGHT TRACK #251
Engineer Awarded $1,390,000 For
Spinal Injuries Resulting From Locomotive
Vibration
On March 29, 2007, a Louisville, Kentucky jury awarded a locomotive
engineer $1,390,000.00 for spinal injuries resulting from locomotive
vibration. H&F Attorney George Brugess represented Jerry Morgan who
sustained his spinal injuries as a result of years of exposure to
excessive locomotive vibration. The railroad offered only $15,000 to
settle Mr. Morgan's Federal Employers' Liability Act claim before trial.
STRAIGHT TRACK #250
Railroads Wrong Regarding FMLA
The United States Court of Appeals for the Seventh Circuit on March 2,
2007, affirmed that,"… the FMLA does not allow carriers to violate
contractual obligations protected by the RLA regarding paid vacation and
personal leave time."
STRAIGHT TRACK #249
What Every New Railroad Employee Should
Know
With a change to crew consists, the new hires are going right from the
classrooms to the field, alone, and they don't have the "old heads"
available to mentor them in the ways of railroading.
STRAIGHT TRACK #248
'Tis The Season To Be Careful
The season has changed from fall to winter. Now is the time to
understand that if you slip and fall at work, the presence of ice or
snow does not by itself establish liability against the railroad under
the FELA.
STRAIGHT TRACK #247
Suddenly, switching career tracks doesn't
look so unlikely
Chicago Sun-Times columnist reflects on the recent hiring boom by the
nation's railroaders and his own family's history of working on the
railroad.
STRAIGHT TRACK #246
No Costume Needed: A Scary Story For
Halloween
One of the traditions of Halloween is pretending you are someone or
something else. An injured railroader recently told us about the time
his supervisor masqueraded as a pharmacist -- and it wasn't even
Halloween!
STRAIGHT TRACK #245
If Tomorrow Never Comes
The on-duty death of a railroader is sad and a tragedy. One of the
saddest things to follow is a widow who has no idea of what to do next.
STRAIGHT TRACK #244
Labor Day
Summer is ending. Kids are back to school. The football season is about
to begin. Leaves will soon be changing color. Another Labor Day weekend
has come and gone. As a railroader, a member of the labor work force,
did you feel a part of Labor Day or was it simply a reason to get in one
last picnic?
STRAIGHT TRACK #243
Deal or No Deal: The Railroad's Game
Why is the railroad's goal to get you to take less than what your case
is really worth? What the game show, "Deal or No Deal," has in common
with The railroad's claim department.
STRAIGHT TRACK #242
Summer Time! Staying Healthy At Work On
The Railroad
Your employer railroad has a duty to provide you with a safe environment
when working outdoors and facing possible exposure to disease-carrying
insects or animals. Railroads can be held liable for a failure to do so
should you become sick as a result.
STRAIGHT TRACK #241
Even A Champion Has To Practice,
Practice, Practice
Three years ago the U.S. Open golf championship was played at Olympia
Fields. I saw Tiger during the practice round and I could not help but
wonder why Tiger was giving so much effort over a straight eight foot
putt.
STRAIGHT TRACK #240
Complex Regional Pain Syndrome
Complex Regional Pain Syndrome (CRPS), also known a Reflex Sympathetic
Dystrophy (RSD), is a complicated medical condition which frequently is
not diagnosed and treated properly.
STRAIGHT TRACK #239
Everybody Hurts, Sometimes
As employees of the railroad, we expose ourselves to potential dangers
and life-threatening situations every day. What's important is to learn
from others and seek help if such events have happened to you or someone
you know.
STRAIGHT TRACK #238
Getting On Moving Equipment
One of the most dangerous assignments a railroad can give is ordering its
employees to mount and dismount moving equipment.
STRAIGHT TRACK #237
A Second Bite of the Apple
There are limited circumstances under FELA law when an injured employee
who signs a release with the railroad for an on the job injury can get
the release voided. STRAIGHT TRACK #236
Defense Medical Exams
Independent Medical Exam are not performed by independent physicians for
garnering a second opinion. IMEs are performed for the sole purpose of
giving the "hired gun" defense attorney a chance to find support for a
legal defense to your claim.
STRAIGHT TRACK #235
And The Oscar Goes To... H&F's Video
Recommendations
Over the years we have represented many railroaders who have made it onto
the big screen -- that is a courtroom's big screen. The injured clients
were the stars of surveillance videos requested and paid for by their
railroad employers. STRAIGHT TRACK #234
Test Your Knowledge
If you're injured on the railroad, do you know your rights? Test your
knowledge by answering True or False to each of the following
statements. STRAIGHT TRACK #232 & #233
What Do I Tell My Family Part I
| Part II
As a Railroader you know you have a dangerous job. You don't want to scare
or alarm your family so you probably have never discussed with them the
risks you face every day. But you should; in fact, you must.S
TRAIGHT TRACK #232
What Do I Tell My Family
As a Railroader you know you have a dangerous job. You don't want to scare
or alarm your family so you probably have never discussed with them the
risks you face every day. But you should; in fact you must.
STRAIGHT TRACK #231
A New Year's Resolution: Keep Your Family
Informed
With your family members involved, your rights under the FELA are better
protected. STRAIGHT TRACK #230
An Accident Waiting To Happen
The winter months are approaching. Existing dangerous work conditions may
become even more dangerous due to ice and snow. STRAIGHT TRACK #229
Are You Aware?
The following is the information recently passed along to a railroader
concerning Post-Traumatic Stress Disorder. STRAIGHT TRACK #228
Never Put Off Reporting An Accident
The following relates the actual events that occurred to one railroader
when he didn't file a personal injury after getting hurt on the job
because of the fear of retribution from his supervisors.
STRAIGHT TRACK #227
The Personal Injury Report –
A Deadly Weapon In The Railroad’s Arsenal
The railroad's Personal Injury Report is the first document in the
litigation paper trail. For this reason, it assumes greater reliability
in the eyes of the railroad, and juries that consider liability in FELA
cases. STRAIGHT TRACK #226
Railroad Employees Medical Treatment Act
Illinois is to become the first state in the nation to to bring severe
financial penalties to bear on any railroad whose managers attempt to
deny or delay medical treatment from an employee injured in the
workplace, or who attempt to interfere with a course of medical
treatment after it is under way. STRAIGHT TRACK #225
Weathering The Storm
Unless you have an economic plan in place prior to being injured, you are
going to be in for hard times. And, you are in a position of weakness
with the railroad. STRAIGHT TRACK #224
Inspector General Finds Lax FRA Enforcement
The Inspector General of the U.S. Department of Transportation concluded
in a recent report that "systemic safety issues still exist with the
four major railroads, which raise questions about the adequacy of FRA's
regulatory oversight." Read the entire report here.
STRAIGHT TRACK #223
Do You Copy?
On the importance of getting a copy of an injury report.
STRAIGHT TRACK #222
Support HB 2449, End Injury Harassment
In a bid to increase the safety of all railroaders, a bill is moving
through the Illinois legislature which aims to end the practice of rail
carriers in delaying, denying or interfering with the medical treatment
of injured employees. STRAIGHT TRACK #221
Important Verdict For Maintenance Of Way
Worker Affirmed By Eighth Circuit Court Of Appeals
On February 7, 2005, the U.S. Court of Appeals in St. Louis, Missouri
affirmed a $740,282 verdict for a Hoey & Farina client, a BNSF
maintenance of way worker from Iowa. STRAIGHT TRACK #220
The Railroad As Big Brother
Employee Control Through The Use of Medical Exams, Rehab Nurses & Medical
Case Managers. STRAIGHT TRACK #219
In Your Best Interest
Filling out the injury report might not be good enough. Remember to get a
copy of the report in order to protect your rights down the road.
STRAIGHT TRACK #218
"I Released What???"
Understanding the effects of signing a release with the railroad.
STRAIGHT TRACK #217
A Need To Know Basis
Get the facts about medical bill payments and the injured railroad worker.
STRAIGHT TRACK #216
"Don't Worry": Words of Comfort
or Deception?
The fact is a claim agent earns his living saving the railroad money by reducing amounts paid out in claims - not by helping you or your family.
STRAIGHT TRACK #215
The Venue Menu: What It Means To Injured
Railroaders
Venue is not a common word, however if you are an injured railroader, it
is a word that you will need to know more about.
STRAIGHT TRACK #214
Railroad Shoots Itself In The Caboose
By being greedy, the Railroad loses big after an appeal from a Hoey & Farina
attorney Rick Haydu jury verdict of $225,000.
STRAIGHT TRACK #213
Prior Medical Condition
The railroad cannot escape liability to an injured employee uner the FELA
because of a prior medical condition.
STRAIGHT TRACK #212
Fear Factor III
Some of you out there just don't get it…or maybe you just didn't hear it…or maybe you just don't believe it.
STRAIGHT TRACK #211
New FRA Rules On Locomotive Cab Noise
The FRA proposed new rules intended to reduce unnecessary noise exposure
and potential hearing loss of railroad employees.
STRAIGHT TRACK #210
Don't Be A Fool With The Rule
Whether you have been railroading 30 days or 30 years, I am sure you have come to realize that railroading is governed many rules.
STRAIGHT TRACK #209
New RRB Rates Effective July 1
The following are the latest changes to be implemented by the U.S. Railroad Retirement Board come July 1, 2004.
STRAIGHT TRACK #208
Railroad Loses To H&F On Appeal
A recent decision by an appeals panel demonstrates two important reasons
for employing designated legal counsel for your injury claim.
STRAIGHT TRACK #207
Completing The Personal Injury Report --
The Right Way
The working railroader must understand how the information that is written
on the report impacts the success or failure of a claim against the railroad.
STRAIGHT TRACK #206
Like Fine Wine, Settle No Claim Before Its
Time
Settling your injury claim too quickly can lead to many unforeseen
problems for you and your family.
STRAIGHT TRACK #205
Retaliatory Discharge -- A Court Strikes Back
The Kansas Supreme Court has recently addressed this wrong and its relation to the Federal
Employers' Liability Act (FELA).
STRAIGHT TRACK #204
Top Ten Lies From Railroad Claim Agents
Railroads can get away with lying to employees who try to settle personal injury claims without the protection of an attorney.
STRAIGHT TRACK #203
Bankruptcy & The FELA (Part 2)
Since writing an article on bankruptcy, H&F Attorney Rick Haydu received numerous calls from clients and other concerned railroaders asking for another article on the subject to review and to further explain some of the
issues.
STRAIGHT TRACK #202
Injured Rail Workers' Rights At Risk
The AFL-CIO's Transportation Trades Department (TTD) reported that the
railroads are lobbying Congress to restrict compensation benefits for
railroaders exposed to asbestos.
STRAIGHT TRACK #201
Understanding Back Pain: Getting It
Evaluated & Treated
Most causes of back pain result from injury or trauma. Understanding how
back pain is evaluated by your doctor is essential to the treatment.
STRAIGHT TRACK #200
Status Report on Hoey & Farina, P.C. --
We're in Business & Doing Better Than Ever!!
To set the record straight and to clear up misapprehensions, Jim Farina recaps the events of the past year
in the firm and shares our recent settlements and jury verdicts.
STRAIGHT TRACK #199
RRB & Taxes
We're all aware that once again it is tax time. For many railroaders who
received RRB benefits, or who are going to receive them, tax time is
especially confusing.
STRAIGHT TRACK #198
FRA: CSX Most Dangerous of Top Freight Railroads
CSX Transportation was the most dangerous of the nation's four biggest freight railroads for most of 2003, according to government statistics.
STRAIGHT TRACK #197
Talking To Your Doctor
Because doctor/patient confidentiality does not mean absolute
confidentiality, how you communicate with your doctor is of critical
importance to your case.
STRAIGHT TRACK #196
Unclogging The FELA
At the union meetings we regularly attend, we often ask what unsafe condition members have seen out on their railroad. Rarely does anyone comment on a malfunctioning toilet.
STRAIGHT TRACK #194
Railroader to Railroader: When Is It Advantageous To Deal With A Claim Agent?
"Drawing on my 30 years of railroading, 28 years of holding union office, and my experience of working for an FELA firm, my response
to a question about when to deal directly with a claim agent would be simply --
NEVER! But after some thought and consideration, I believe I can change my answer under certain conditions."
STRAIGHT TRACK #193
BNSF Offers Low Settlement to Section Laborer,
Hoey & Farina Litigates to Verdict in Iowa
On January 14, 2004, in Des Moines, Iowa, a jury rendered its verdict for $740,282, less 5%, in favor of Jose Villa, a 48 year old former Section Laborer from Canutillo,
Texas. Hoey & Farina Attorney Richard A. Haydu represented Mr. Villa in his
FELA lawsuit.
STRAIGHT TRACK #192
Shining The Light On Safety Standards For Signalmen
There are brother signalmen working out there right now -- on bridges, on signals 50 feet above the track
-- without the proper safety procedures and equipment they need, and they need our collective help.
STRAIGHT TRACK #191
Railroad Punished For Destroying Evidence
Railroads manufacture mountains of paperwork. And every year Railroads routinely destroy some of their old business records. But what if the old files a
railroad throws in the trash were needed to help an injured employee’s
FELA case?
STRAIGHT TRACK #190
2003 Charitable Matching Fund Goal Reached
The 2003 Charitable Matching Fund has reached its goal of $50,000 in
record time. Read the article to see the results.
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.
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.
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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