When a railroad employee is injured at work, there are frequently other employees around who can testify as to the cause of the accident. It is important that the injured employee, or his union representative, gather the names of such witnesses. It s… Read More

Placing a loved one in a Skilled Nursing or Long Term Care Facility can be difficult in many ways. From feelings of losing independence, to concerns about whether the facility will be willing and able to provide the care required, the experience can… Read More

In my previous post, I discussed Section (c) of the FRSA, which prohibits railroads from interfering with the medical treatment plan of an employee. Since that blog was posted, the Sixth Circuit Court of Appeals overruled the decision of the Administ… Read More

In a previous post, I discussed the medical treatment provisions of the Federal Rail Safety Act (FRSA) that prohibit railroads from denying, delaying, or interfering with the medical treatment of an employee “who is injured during the course of… Read More

This post considers the question of whether an employer can take an adverse action against an employee because that person is obese, or overweight. The issue was recently presented to me when a railroad signal employee was removed from his assignment… Read More

A recent derailment of a CSX train in Maryville, TN carrying hazardous chemicals was the latest example of the catastrophic dangers involved with shipping combustible materials through populated areas on aging railroad infrastructures. Most of the re… Read More

When a railroad employee settles an injury claim brought pursuant to the Federal Employers’ Liability Act (FELA) with a railroad, the railroad will always require the employee to sign a Release before the settlement is paid. A Release is a writ… Read More

The Sixth Circuit Court of Appeals this week overturned a district court’s granting of a preliminary injunction barring the Brotherhood of Locomotive Engineers and Trainmen (BLET) from engaging in a strike against the Wheeling & Lake Erie R… Read More