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“The FELA is a platypus”
February 28th, 2012
“In the taxonomy of the law, the Federal Employers’ Liability Act…is a platypus. Intended to provide a remedy for injured railroad workers, the FELA ‘hovers ambivalently between workers’ compensation law and the common law of negligence. It…
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Why I Practice Railroad Law
October 26th, 2011
When I tell people that I specialize in railroad law, they inevitably wonder two things. What is railroad law? I imagine people thinking that I have Sir Topham Hatt as a client and we discuss the legality of certain train moves by Thomas and Percy on…
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Weingarten Rights do not apply to railroad employees
October 10th, 2011
Employees covered by the National Labor Relations Act (NLRA) have a right to have a union representative or co-worker present during an investigatory interview with management when the employee reasonably believes that the interview might result in d…
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Categories: Rail Law Blog
Presidential Emergency Board No. 243
October 7th, 2011
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…
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Categories: Rail Law Blog
Don’t Delay – File for RRB Sickness Benefits Immediately
October 6th, 2011
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…
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Supreme Court affirms reduced causation standard under FELA
July 21st, 2011
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…
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What is the railroad afraid of?
June 7th, 2011
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…
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Categories: Rail Law Blog
Recovery for emotional injury under the FELA
May 17th, 2011
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…
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Another example of why to promptly report your injury at work
May 12th, 2011
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…
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Categories: Rail Law Blog
Union Pacific hit with FRSA award
May 4th, 2011
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…
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Categories: Rail Law Blog