» Rail Law Blog

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 writ… 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. S… 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 occupa… Read More
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Third Circuit Court of Appeals Interprets FRSA

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

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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Wrongful Death Damages Available Under the FELA

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 individual… Read More
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