Articles

Who’s Really Paying Your Medical Bills?

Most injured railroaders require medical treatment in order to recover from their work injury. Often, the railroader will begin receiving medical treatment without giving much thought to how and when related medical bills will be paid. There are numerous reasons why a railroader may not immediately address this issue. This article will focus on the…

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What Happens If The Railroad’s Outside Contractor Creams Me?

More and more, railroads are outsourcing work that railroad workers previously performed. Not only are non-transportation jobs being contracted out, many of the Class I railroads are contracting with short-line or regional railroads to perform train moves, switching and other transportation services. Practically every railroad that operates an intermodal yard contracts the management of the…

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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. A stunning example is a new ruling from a Federal Judge in Minnesota. Four employees of Burlington Northern and Santa Fe Railway filed a lawsuit alleging they were conned into accepting chump change for…

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Railroaders’ Rights – The Cell Phone Trap

The alarm is sounding again regarding cell phone use while on duty on the railroad. The cell phone rules on the railroad have not changed, but the railroads have devised a new approach to ensnare unwary railroaders. Tried and True Recommendations Given the severe penalties regarding cell phone use while on duty, we recommend you…

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Medical Examinations & Occupational Disability

You have worked for the railroad for many years. Unfortunately, you suffer a work injury to the extent that your doctors tell you that you will be unable to return to work. After you have collected U.S. Railroad Retirement Board (“RRB”) sickness benefits for five months, what are your next options since you are not…

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Major Verdict for Injured Railroad Employee After 27 Day Trial

FELA Designated Legal Counsel James L. Farina of Hoey & Farina, P.C. is proud to report that his colleague, Craig Church, obtained a $4,800,000.00 gross verdict in Detroit, Michigan, on behalf of George Dunlap, a 55 year old former conductor, and against the Wisconsin Central Railroad (“CN/WC”). As a result of a motor vehicle /…

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Jury Returns $3.4 Million Verdict In West Virginia For Injured Conductor

Designated Counsel James L. Farina of Hoey & Farina, P.C., is proud to report that he obtained a $3,431,026.00 verdict on November 23, 2009, in Bluefield, West Virginia on behalf of Larry L. Koger, a former railroad conductor, and against the Norfolk Southern Railway Co. (“NS”). The jury trial under the Federal Employers’ Liability Act…

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Hurt, Broke and Fired!

Whether you’ve been on the railroad thirty days or thirty years, I am sure you have come to the realization that railroad’s policy is to use discipline to control their employees. You have heard it said many times among the rank and file, “It’s the only place in the world where the railroad tries to…

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How Much Is My Case Worth?

At some point during the initial interview with a new or potential client, I am almost always asked, “How much is my personal injury case worth?” I’ve learned from experience that most clients have already formed an opinion before he/she has asked the question. They have usually been advised by their co-workers, friends, family and the claim…

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The Effects of Walking on Railroad Ballast

Hoey & Farina encourages our Straight Track subscribers to read the Federal Railroad Administration Office of Railroad Policy & Development’s March 2011 publication entitled: Joint Loading And Muscle Activity In The Lower Body While Walking On Ballast The article discusses two projects (2005 and 2010) examining the biomechanics of walking on common railroad yard surfaces.…

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The Creosote Threat To Railroaders

Each day, railroad workers are exposed to high concentrations of a wood preservative called creosote, which has proven dangerous health effects. While banned for consumer use, creosote remains in wide spread use in the railroad industry to treat railroad ties and railroad plugs. Railroad workers, especially the Maintenance of Way Employees, stand at a higher…

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BNSF Offers Low Settlement To Section Laborer, Hoey & Farina Litigates To Verdict In Iowa

On January 14, 2004, in Des Moines, Iowa, a jury in the United States District Court for the Southern District of Iowa, rendered its verdict for $740,282.26, less 5%, in favor of Jose Villa, a 50 year old former Section Laborer from Canutillo, Texas, and against the Burlington Northern Santa Fe Railway Co. (BNSF), the…

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