Rail Law Blog

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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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The dangers of working light duty (Part 2)

A railroad may offer a worker light duty as soon as an injury occurs at work. By keeping the employee on the payroll, the railroad avoids the need to report a lost time incident to the Federal Railroad Administration. This practice can be very danger… Read More
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The dangers of working light duty (Part 1)

Many railroads offer injured employees light duty assignments so they can work prior to being released by the doctor to return to their regular duties. In some cases, the light duty assignment involves nothing other than reporting to work and sitting… Read More
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Time limit under the FELA

Under the Federal Employers’ Liability Act (“FELA”), no action may be brought against the railroad unless it is commenced within three years of the date of the accident. This means that an employee, or his dependents if the employee loses his l… Read More
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The importance of worker solidarity

“An injury to one is the concern of all.” – slogan of The Knights of Labor, circa 1880?s This slogan is perhaps of greater importance in the railroad industry than most other industries in America. Railroad workers are not covered by workers’… Read More
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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.

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