» Rail Law Blog

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
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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
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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
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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
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Getting a prompt return to work from the railroad Medical Department

I recently received a call from a railroad conductor who was having a difficult time getting the railroad medical department to approve him for a return to work following an injury. It is not uncommon for an injured employee to be pulled out of servi… Read More
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Tragic accident highlights dangers of transporting railroad crews

A tragic accident in Kelso, Washington last month killed three railroad employees and injured a fourth. The accident did not happen while the workers were performing their job duties, but during a ride in a van back to their motel. Railroads commonly… Read More
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The railroad claim agent is not your friend

Let’s take a closer look at #4 on our workplace injury checklist. Do not give a recorded statement to a railroad claim agent. Although railroad rules require an injured worker to report an injury, and to possibly participate in an investigation wit… Read More
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FRA Study Confirms Dangers of Walking on Ballast

The findings of a study released earlier this month by the Federal Railroad Administration will come as no surprise to most railroad employees — walking on mainline ballast can cause muscle fatigue and increased stress on your joints. The study, a… Read More
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Benefits under Off Track Vehicle Agreement

Many railroaders are entitled to contractual benefits if they are injured when they are riding in, or getting on or off, an off-track vehicle authorized by the Carrier and are either deadheading under orders or being transported at the Carrier’s ex… Read More
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Get medical treatment from your own doctor

Following a workplace injury, most railroads require an injured employee to be examined by a physician on the railroad’s staff or by an outside doctor with whom it has a contractual relationship. Your interaction with this doctor should be limited… Read More
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