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Third Party Negligence Under the FELA

March 23rd, 2015
Posted By
Andrew J. Thompson
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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Categories: Rail Law Blog
Tags: FELA, negligence, nondelegable duty, Payne v. Baltimore & Ohio Railroad Co., railroad, Sinkler v. Missouri Pacific

Federal Court of Appeals limits FRSA Medical Treatment Provision

March 14th, 2015
Posted By
Andrew J. Thompson
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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Categories: Rail Law Blog
Tags: absenteeism, Federal Rail Safety Act, FRSA, medical treatment, PATH, Port Authority Trans-Hudson Corp., railroad, retaliation

Rail Workers at Long Island Railroad Set to Strike

February 6th, 2014
Posted By
Andrew J. Thompson
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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Categories: Rail Law Blog
Tags: LIRR, Long Island Railroad, National Mediation Board, NMB, PEB, Presidential Emergency Board, strike

FRSA Complaints Can Be Filed Online With OSHA

January 30th, 2014
Posted By
Andrew J. Thompson
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. S… Read More
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Categories: Rail Law Blog
Tags: complaint, Federal Rail Safety Act, FRSA, OSHA

What Makes An Injury Reportable to the FRA?

January 12th, 2014
Posted By
Andrew J. Thompson
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 occupa… Read More
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Categories: Rail Law Blog
Tags: Federal Railroad Administration, FRA, injury, reporting

Third Circuit Court of Appeals Interprets FRSA

February 20th, 2013
Posted By
Andrew J. Thompson
The Third Circuit Court of Appeals reversed a lower court’s decision in favor of the railroad in a claim brought pursuant to the Federal Rail Safety Act (FRSA). The case, Araujo v. New Jersey Transit Rail Operations, Inc., was decided on February 1… Read More
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Categories: Rail Law Blog
Tags: Araujo, Federal Rail Safety Act, FRSA, New Jersey Transit Rail Operations, railroad harassment, Third Circuit Court of Appeals

Administrative Law Judge Rejects Railroad’s Argument In Case Under FRSA

February 11th, 2013
Posted By
Andrew J. Thompson
I previously wrote a post about how railroads can use a system of operational rules testing as a form of harassment and retaliation after workers report safety concerns or injuries on duty. In one such case where those allegations have been made agai… Read More
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Categories: Rail Law Blog
Tags: Federal Rail Safety Act, FRSA, operational rules testing, railroad

Wrongful Death Damages Available Under the FELA

February 7th, 2013
Posted By
Andrew J. Thompson
A tragic accident occurred yesterday at the ArcelorMittal steel plant in Cleveland, Ohio when a 50 year old railroad employee was killed after falling from a train car. The incident raises the question of what damages are available to the individualâ… Read More
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Categories: Rail Law Blog
Tags: ArcelorMittal steel, damages, Federal Employers' Liability Act, FELA, railroad, wrongful death

OSHA awards $800,000 in damages against NS for FRSA violation

June 19th, 2012
Posted By
Andrew J. Thompson
The Occupational Safety and Health Administration announced yesterday that it has ordered Norfolk Southern Railway Co. to pay over $800,000 in damages on the claims of three employees who were retaliated against after reporting injuries at work. The… Read More
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Categories: Rail Law Blog
Tags: damages, Federal Rail Safety Act, FRSA, injury reporting, Norfolk Southern Railway Co., OSHA, punitive damages

Rules Testing as a Form of Harassment

April 11th, 2012
Posted By
Andrew J. Thompson
How would you like your supervisor to follow you all day, look over your shoulder at everything you do, and write down every time you make a mistake? This is what railroad employees endure during rules tests on a regular basis. For the vast majority… Read More
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Categories: Rail Law Blog
Tags: Federal Employers' Liability Act, Federal Rail Safety Act, FELA, FRSA, operational rules testing, railroad harassment
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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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