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Witnesses and the FELA Claim

When a railroad employee is injured at work, there are frequently other employees around who can testify as to the cause of the accident.  It is important that the injured employee, or his union representative, gather the names of such witnesses. …

FRSA Medical Treatment Provision Cases Part II

In my previous post, I discussed Section (c) of the FRSA, which prohibits railroads from interfering with the medical treatment plan of an employee.  Since that blog was posted, the Sixth Circuit Court of Appeals overruled the decision of the Admini…

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…

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…

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…

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…

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…

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…

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…

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 (…

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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