Rail Law Blog

» Rail Law Blog

“The FELA is a platypus”

“In the taxonomy of the law, the Federal Employers’ Liability Act…is a platypus. Intended to provide a remedy for injured railroad workers, the FELA ‘hovers ambivalently between workers’ compensation law and the common law of negligence. It… Read More
Read More

Why I Practice Railroad Law

When I tell people that I specialize in railroad law, they inevitably wonder two things. What is railroad law? I imagine people thinking that I have Sir Topham Hatt as a client and we discuss the legality of certain train moves by Thomas and Percy on… Read More
Read More

Weingarten Rights do not apply to railroad employees

Employees covered by the National Labor Relations Act (NLRA) have a right to have a union representative or co-worker present during an investigatory interview with management when the employee reasonably believes that the interview might result in d… Read More
Read More

Presidential Emergency Board No. 243

A potential nationwide rail strike was halted yesterday by President Obama, who signed an Executive Order creating Presidential Emergency Board 243 (“PEB”) pursuant to the provisions of the Railway Labor Act (“RLA”). The dispute involves 11 r… Read More
Read More

Don’t Delay – File for RRB Sickness Benefits Immediately

I represent an employee of a small railroad in southern Ohio who does not belong to a union. After suffering an injury at work, he did not know what to do. Without guidance from a union or attorney, he was even unaware of the availability of benefits… Read More
Read More

Supreme Court affirms reduced causation standard under FELA

The United States Supreme Court decided last month in a 5-4 decision that injured railroad workers can recover damages under the Federal Employers’ Liability Act (“FELA”) if the railroad’s negligence “played any part, even the slightest, in… Read More
Read More

What is the railroad afraid of?

A railroad conductor recently sought my help when he was asked to give a witness statement by the railroad’s claim department. He was working with an engineer who suffered an injury and later brought a claim against the railroad under the FELA. (Th… Read More
Read More

Recovery for emotional injury under the FELA

In certain circumstances, courts allow railroad employees to recover damages under the Federal Employers Liability Act (FELA) when they suffer only a psychological or emotional injury (without any physical injury). The United States Supreme Court est… Read More
Read More

Another example of why to promptly report your injury at work

It is crucial for railroad employees to immediately report their injuries at work. A recent case illustrates why this is so important. I represent an individual who injured his lower back when his co-worker unexpectedly dropped a heavy load they were… Read More
Read More

Union Pacific hit with FRSA award

An employee of Union Pacific railroad was reinstated with backpay, compensatory damages, attorneys’ fees and punitive damages of over $200,000 after he was terminated for reporting an injury on duty. UP is appealing the decision, denying that it vi… Read More
Read More

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.

Contact Us:

Fill out our online form