» Rail Law Blog

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
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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
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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
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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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