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FELA Claim for Deceased Railroad Employee
December 2nd, 2021
Contributor: Andrew J. Thompson
The Federal Employers’ Liability Act (“FELA”), 45 USC §51 et seq., is a federal law that provides damages to railroad employees injured because of a railroad’s negligence during their employment. What happens to a claim under…
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Categories: Rail Law Blog
When is the Release of an FELA claim Enforceable?
May 14th, 2015
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…
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Wrongful Death Damages Available Under the FELA
February 7th, 2013
A tragic accident occurred yesterday at the ArcelorMittal steel plant in Cleveland, Ohio when a 50 year old railroad employee was killed after falling from a train car. The incident raises the question of what damages are available to the individual…
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Categories: Rail Law Blog
Rules Testing as a Form of Harassment
April 11th, 2012
How would you like your supervisor to follow you all day, look over your shoulder at everything you do, and write down every time you make a mistake? This is what railroad employees endure during rules tests on a regular basis. For the vast majority…
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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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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
Tragic accident highlights dangers of transporting railroad crews
April 22nd, 2011
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…
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Categories: Rail Law Blog