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What is the railroad afraid of?
June 7th, 2011
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…
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Categories: Rail Law Blog
Recovery for emotional injury under the FELA
May 17th, 2011
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…
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Another example of why to promptly report your injury at work
May 12th, 2011
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…
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Categories: Rail Law Blog
Union Pacific hit with FRSA award
May 4th, 2011
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…
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Categories: Rail Law Blog
Getting a prompt return to work from the railroad Medical Department
May 3rd, 2011
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…
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Tragic accident highlights dangers of transporting railroad crews
April 22nd, 2011
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…
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Categories: Rail Law Blog
The railroad claim agent is not your friend
April 14th, 2011
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…
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FRA Study Confirms Dangers of Walking on Ballast
March 30th, 2011
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…
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Categories: Rail Law Blog
Benefits under Off Track Vehicle Agreement
March 11th, 2011
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…
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Categories: Rail Law Blog
Get medical treatment from your own doctor
March 9th, 2011
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…
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Categories: Rail Law Blog