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The dangers of working light duty (Part 2)
March 4th, 2011
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…
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The dangers of working light duty (Part 1)
March 3rd, 2011
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…
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Time limit under the FELA
February 28th, 2011
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…
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The importance of worker solidarity
February 22nd, 2011
“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’…
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Filling out the railroad incident report
February 21st, 2011
As soon as possible after suffering an injury at work, a railroad employee should fill out an accident report. Most railroads have formal rules requiring that the accident report be filled out promptly after any injury. Failure to complete the report…
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54 Year Dispute Over 5 Words
February 17th, 2011
One of the basic elements of the Federal Employers’ Liability Act (“FELA”) may be fundamentally changed this year by the United States Supreme Court. Briefs have been filed and oral argument is scheduled for March in the case of CSX Transportat…
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Discussions with your union representative
February 16th, 2011
When a railroad employee is injured, the railroad will usually hold an investigation or disciplinary hearing to detemine whether there was a violation of the railroad’s safety rules. The employee is represented by his local union officer at such a…
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You have a right to immediate medical attention
February 8th, 2011
If you suffer an injury on the railroad that requires immediate treatment, demand that your supervisor get you to the nearest hospital. Do not allow the supervisor to delay your treatment so that he or she can discuss the incident with you, fill out…
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Why the FRSA works
February 8th, 2011
Railroads have a long history of trying to intimidate their employees so workplace injuries are not reported and legitimate FELA claims are not pursued. Employees that file claims are quickly the target of threats and discipline for being “accident…
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Always report your injuries at work
February 8th, 2011
The first item on our checklist of what to do when you are hurt at work is to report the injury. Immediately tell co-workers on your crew that you were injured, and point out to them conditions in the workplace that contributed to the accident. Your…
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Categories: Rail Law Blog