• Common Questions, Straight Forward Answers.

•  Information On How To Effectively Manage Your Injury.

• You May Not Need A Lawyer, But You Do Need Legal Advice.

• Report your injury to the railroad as soon as possible.

• When necessary, request immediate medical attention.

• Railroad workers are not covered by Workers' Compensation.

• Railroad workers are covered under the FELA.

• Unlike Worker's Compensation, under the FELA railroaders must prove negligence on the part of the railroad.

• Obtain advice from designated legal counsel prior to giving a statement.

• Hoey & Farina has been designated by 7 unions to represent injured railroad workers because of our knowledge of railroad law and our proven track record.

• You must prove negligence on the part of the railroad.

• Truthfully state what unsafe condition(s), procedure(s) or defective equipment caused your injury.

• Be aware that any informal conversation between you and the trainmaster and another company official, is in fact a statement.

• Do not take responsibility for causing your injury.

• You must complete an injury report.

• Delay completing an injury report, if possible, until you obtain legal advice.

• Truthfully write down what unsafe condition(s), procedure(s) and/or defective equipment caused your injury.

• Be precise / be brief.

• Do not take responsibility for causing your injury.

• Read the report carefully for accuracy before signing the injury report.

• Obtain a copy of the signed report as soon as you have completed it.

• Take the document home with you to read, sign and return to the claim agent later.

• Write down on the document that it applies only to your injury of this particular date.

• Write down that you are not waiving your right to doctor / patient confidentiality.

• Do not sign the document prior to speaking with an attorney at Hoey & Farina.

• Obtaining necessary medical attention should be your and the railroad's first priority.

• With most labor contracts, you have the right under your medical insurance plan to choose your own treating doctor(s). However, there are exceptions depending on the craft and the railroad, e.g., Elgin, Joliet & eastern, CN/IC, Iowa interstate, CP rail and Wisconsin Central. Always check your labor contract.

• Medical bills are not paid by the railroad.

• It is your patient /doctor privilege to be examined by your doctor, alone.

• Ask the trainmaster or other company officials to leave during your examination.

• Tell admitting nurses and doctors what unsafe condition(s), procedure(s) and/or defective equipment caused your injury.

• Educate your doctors regarding the type of work you do and the type of insurance you have.

• Obtain copies of job descriptions and letters to doctors explaining your duties and insurance by contacting Hoey & Farina at 1-888-425-1212, or at Hoey & Farina Forms Shanty.

• Lost wages are used to determine your financial recovery from the railroad.

• There is no such thing as light duty.

• Be cautious about agreeing to light duty.

• Always follow your doctors' orders.

• Do not reenact your accident.

• Reenactments may cause further injury.

• Do not do anything to cause further injury.

• The claim agent's job is to protect the railroad from any liability.

• The claim agent wants to get you to accept some or all responsibility for your injury.

• Request a copy of any recorded or transcribed statement that you give.

YOU MAY NOT NEED A LAWYER, 
BUT YOU DO NEED LEGAL ADVICE

• At Hoey & Farina, we understand that you will have questions, but that you may not always have them between 9am-5pm. 

• Remember, we can be reached toll free 24 hours per day at 1-888-425-1212.