Rail Law Blog

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The importance of worker solidarity

February 22nd, 2011
Posted By
Andrew J. Thompson
“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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Categories: Rail Law Blog
Tags: Federal Employers' Liability Act, FELA, FRSA, railroad intimidation, solidarity, union, workplace injury

Filling out the railroad incident report

February 21st, 2011
Posted By
Andrew J. Thompson
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… Read More
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Categories: Rail Law Blog
Tags: Federal Employers' Liability Act, FELA, incident report, workplace injury

54 Year Dispute Over 5 Words

February 17th, 2011
Posted By
Andrew J. Thompson
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… Read More
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Categories: Rail Law Blog
Tags: causation standard, CSX Transportation v. McBride, Federal Employers' Liability Act, FELA, in whole or in part, Rogers v. Missouri Pacific Railroad Co., U.S. Supreme Court

Discussions with your union representative

February 16th, 2011
Posted By
Andrew J. Thompson
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… Read More
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Categories: Rail Law Blog
Tags: Federal Employers' Liability Act, FELA, labor relations privilege, union representative

You have a right to immediate medical attention

February 8th, 2011
Posted By
Andrew J. Thompson
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… Read More
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Categories: Rail Law Blog
Tags: Federal Rail Safety Act, FRSA, interference with medical treatment

Why the FRSA works

February 8th, 2011
Posted By
Andrew J. Thompson
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… Read More
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Categories: Rail Law Blog
Tags: damages, Federal Employers' Liability Act, Federal Rail Safety Act, FELA, FRSA, harassment, retaliation, workplace injuries

Always report your injuries at work

February 8th, 2011
Posted By
Andrew J. Thompson
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… Read More
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Categories: Rail Law Blog
Tags: Federal Employers' Liability Act, FELA, injury report, workplace injury

FRSA – Protection against retaliation

February 8th, 2011
Posted By
Andrew J. Thompson
The Federal Rail Safety Act (“FRSA”) was recently amended to give railroad employees a remedy when they are retaliated against for reporting on-the-job injuries. The provisions of this law have the potential to change the entire culture of the ra… Read More
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Categories: Rail Law Blog
Tags: Federal Employers' Liability Act, Federal Rail Safety Act, FELA, FRSA, protected activity, railroad, retaliation

Workplace Injury Checklist

February 8th, 2011
Posted By
Andrew J. Thompson
Every railroad employee should know the proper steps to take when suffering an injury at work. Below is a checklist of some of the basic things to remember. I will discuss each point in more detail in later posts. If you suffer an injury at work, or… Read More
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Categories: Rail Law Blog
Tags: Federal Employers' Liability Act, FELA, railroad, workplace injury
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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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