UTU Local 426 Designated Legal Counsels
-
Always seek
treatment from your own doctor(s). Do not go to the
carrier doctors unless required. If you are requested to see
a particular doctor by the carrier, call
Paoli,
Latino,
Kutzman
and
Jasper,
P.C.
at 1-800-816-9699.
-
In an
emergency, have someone immediately contact your spouse,
local chairman and
Paoli,
Latino,
Kutzman
and
Jasper,
P.C.
and have them come to wherever you are.
-
Protect
yourself and your privacy:
a) No one,
especially railroad officials, has the right to see your medical
records or speak with any doctor or nurse regarding your
condition.
b) Remember,
you have federally protected rights to privacy-Health Insurance
Portability and Accountability Act ("HIPPA")
c) Do
not sign any medical release of information form until you
speak with
Paoli,
Latino,
Kutzman
and
Jasper,
P.C.
at 1-800-816-9699.
4.
You do not need approval from the
railroad for any medical treatment or procedure.
5. You are not covered
by your state's worker's compensation laws. Rather, you are
protected by a special federal law-FELA (Federal Employer's
Liability Act). FELA is unique, providing greater protection and
timely payment for medical costs. Inform your doctor(s) that you
are not a "work comp." patient, but a railroad worker
covered by FELA.
What to do
when Injured on the Railroad
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Report the accident and injury to
your crew members and fellow employees, If possible, take
photos.
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File a personal injury report.
Specify ALL unsafe conditions, actions of others or
unsafe cars or equipment. Request and retain a copy of the
report.
-
Do Not give a statement to
the railroad's claims department before speaking with
Paoli,
Latino,
Kutzman
and
Jasper,
P.C.
-
See a company doctor only if
required, but seek TREATMENT from your own doctor(s).
Explain to your doctor the accident and all injuries
suffered.
-
Contact your Union Local Chairman
and
Paoli,
Latino,
Kutzman
and
Jasper,
P.C. at
1-800-816-9699.
-
Keep written records of all
contacts and witnesses regarding the accident, evidence (photos
if possible), lost wages and other expenses.
257 West Front,
P.O. Box 8131 • Missoula MT 59802 • (406)542-3330 •
contact@paoli-law.com
ROSSI, COX & VUCINOVICH, P.C.
FELA 101: WHAT TO DO IF YOU ARE INJURED ON THE
JOB
Q: What is the FELA?
A: The FELA, or Federal Employers’ Liability Act, is
a Federal Law that protects the rights of Railroaders if they
are injured on the job. It provides that an injured employee may
seek compensation for all of his or her damages within three
years from the time of the injury. It is regarded as one of the
best laws for injured workers because it provides a system of
full and adequate compensation for injured railroad employees,
while at the same time promoting rail safety and safe working
conditions for the benefit of all railroad employees. It is a
fault-based system and state worker compensation laws do not
apply. More information may be obtained from your Designated
Legal Counsel.
Q:
Where and to whom do I report my on-duty injury?
A: Report your injury to your fellow workers as soon
as possible. Make sure they observe any unsafe equipment, tools
or ground conditions involved in the injury.
Please Note: Railroad injuries are not covered under any state
worker compensation or state statutes (see below).
Q: Do I complete an injury report?
A: Yes! Complete the injury report identifying any
and all unsafe cars, equipment or unsafe work procedures
contributing to the injury. Make sure you list all body parts
known to be affected at the time of the injury. You must also
inform your immediate supervisor of any on-duty injuries.
Q: Who else should I contact?
A: If you are injured it is always a good idea to
contact your local union official as well as your UTU approved
Designated Legal Counsel, like Rossi, Cox & Vucinovich, P.C.
Q: Where should I seek medical care?
A: In many cases, the Railroad will try to insist
that you be seen by a company-referred physician or medical
facility. If possible, make effort to see your own treating
doctor or contact Designated Legal Council for names of doctors
in your area.
Q: Do I have to give a statement?
A: No. The injured party does not have to provide
any type of written or oral statement beyond completing the
personal injury or accident report. If asked to participate in a
“re-enactment”, you should only do so if a union official is
present and you are physically able to participate without risk
of injury or pain.
Q: What records and information should I keep?
A: You should attempt to obtain copies of all injury
reports, inspection records, photographs, delay reports,
inspection reports, etc. These items maybe important in
establishing date, time, location, unsafe conditions, potential
witnesses, the nature and extent of your injuries, etc.
Q: When should I contact Union Designated Legal Counsel?
A:
Your UTU Designated Legal Counsel, like Rossi, Cox & Vucinovich,
P.C., have toll-free numbers answered 24/7: 866-357-7245. As
designated experts in FELA law, the attorneys at RCV can provide
appropriate counsel and information that is confidential and
free.
www.hmnlaw.com
Toll Free: 1-800-447-7500
HILDEBRAND,
McLEOD & NELSON
80
Years of FELA Experience
If you are injured:
- Immediately contact your
designated legal counsel and union representative.
- Take mental and written
notes of the location and equipment.
- Take photographs of the
location and equipment.
- Have coworkers take notes
of the accident scene.
- Seek treatment from your
own doctor.
- Have your designated legal
counsel or union representative help you with the accident
report. Note all unsafe practices and equipment. Note
all injuries.
- Limit communication with
company officials.
- Keep copies of all
records.
Do not:
- Fill out an accident report
until you are mentally and physically able.
- Allow company officials in
the examination room to talk to you or your doctor.
- Give written or typed
statements to company officials. You
are not required under any rule or law to give statements to
company officials.
- Waive your right to privacy
regarding your medical providers, medical records, and medical
examinations.
Contact:
Hildebrand, McLeod & Nelson
Toll Free: 1-800-447-7500
350 Frank H. Ogawa Plaza
Fourth Floor
Oakland, California 94612
www.paoli-law.com
Paoli,
Latino,
Kutzman
and
Jasper,
P.C.
