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Update: FRSA Medical Treatment Provision Cases

In a previous post, I discussed the medical treatment provisions of the Federal Rail Safety Act (FRSA) that prohibit railroads from denying, delaying, or interfering with the medical treatment of an employee “who is injured during the course o… Read More
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Can the Railroad Discriminate Based on Obesity?

This post considers the question of whether an employer can take an adverse action against an employee because that person is obese, or overweight.  The issue was recently presented to me when a railroad signal employee was removed from his assignme… Read More
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Investigative Reporter Details Dangers of Shipping Crude Oil by Rail

A recent derailment of a CSX train in Maryville, TN carrying hazardous chemicals was the latest example of the catastrophic dangers involved with shipping combustible materials through populated areas on aging railroad infrastructures.  Most of the… Read More
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When is the Release of an FELA claim Enforceable?

When a railroad employee settles an injury claim brought pursuant to the Federal Employers’ Liability Act (FELA) with a railroad, the railroad will always require the employee to sign a Release before the settlement is paid.  A Release is a wr… Read More
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Major Dispute - Wheeling & Lake Erie Railway Violates Crew Consist Agreement

The Sixth Circuit Court of Appeals this week overturned a district court’s granting of a preliminary injunction barring the Brotherhood of Locomotive Engineers and Trainmen (BLET) from engaging in a strike against the Wheeling & Lake Erie R… Read More
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Third Party Negligence Under the FELA

Consider a case in which a railroad employee, as a part of his job, is required to enter the property of a customer of the railroad. While performing his job duties, the employee is injured because a walkway on the customer’s property is not ma… Read More
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Federal Court of Appeals limits FRSA Medical Treatment Provision

The Third Circuit Court of Appeals held recently that the provision of the Federal Rail Safety Act (FRSA) prohibiting railroads from disciplining employees “for following orders or a treatment plan of a treating physician” applies only to… Read More
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Rail Workers at Long Island Railroad Set to Strike

In a contract dispute that has been ongoing since 2010, rail workers have threatened to go on strike as early as next month after a refusal by the Long Island Railroad (LIRR) to implement wage increases recommended by a Presidential Emergency Board (… Read More
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FRSA Complaints Can Be Filed Online With OSHA

Last month, the Department of Labor announced that retaliation complaints, including those brought pursuant to the Federal Rail Safety Act (FRSA), can be filed online at the DOL website. This seemingly minor announcement is actually very important… Read More
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What Makes An Injury Reportable to the FRA?

When a railroad employee is injured at work, the law usually requires the railroad to report that injury to the Federal Railroad Administration (FRA).  The rules for reporting are set forth at 49 C.F.R. Section 225.19(d).  Each death, injury, or o… Read More
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Disclaimer

Shapero · Roloff blogs are for informational and educational purposes only. The posts do not constitute legal advice, and are not intended to create an attorney-client relationship. The legal information provided is general and should not be relied upon as legal advice, which the author cannot provide without full consideration of all relevant information relating to one's individual situation. If you have questions about a specific legal issue, feel free to contact our office to talk to an attorney at (216) 781-1700.

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