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FELA Claim for Deceased Railroad Employee

The Federal Employers’ Liability Act (“FELA”), 45 USC §51 et seq., is a federal law that provides damages to railroad employees injured because of a railroad’s negligence during their employment. What happens to a claim under… Read More
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Ziparo v. CSXT - 2nd Circuit Expands Scope of Protection Under FRSA

Cody Ziparo worked as a Conductor for CSX Transportation, Inc. in Watertown, New York. CSXT utilized an “On-Board Work Order System” (OBWO) at this location, which requires the train crew to record tasks into a tablet computer as they are… Read More
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FRSA Causation Standard - Another Federal Circuit Rejects "Inextricably Intertwined"

As I have previously discussed in the Rail Law Blog, the most disputed issue in proving a claim under the Federal Rail Safety Act (“FRSA”) is often whether an employee’s protected activity is a contributing factor in the railroad… Read More
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Lost Wages Payable in FELA Claim Are Taxable Under RRTA

On March 4, 2019, the United States Supreme Court decided BNSF Railway Co. v. Loos and held that damages paid for an on-the-job injury are taxable under the Railroad Retirement Tax Act (RRTA). Previously, FELA awards were considered payment for an in… Read More
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FRSA Update - "Contributing Factor" Element

To prove a claim of retaliation under the Federal Rail Safety Act (“FRSA”), a railroad worker must prove the following elements: (1) he engaged in a protected activity; (2) the railroad knew about the protected activity; (3) the worker wa… Read More
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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. It s… Read More
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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 Administ… Read More
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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 of… 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 assignment… 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 re… Read More
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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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