» Federal Employers' Liability Act

FELA Claim for Deceased Railroad Employee

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… Read More
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When is the Release of an FELA claim Enforceable?

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
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Wrongful Death Damages Available Under the FELA

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… Read More
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Rules Testing as a Form of Harassment

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… Read More
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“The FELA is a platypus”

“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… Read More
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Supreme Court affirms reduced causation standard under FELA

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… Read More
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What is the railroad afraid of?

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… Read More
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Recovery for emotional injury under the FELA

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… Read More
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Another example of why to promptly report your injury at work

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… Read More
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Tragic accident highlights dangers of transporting railroad crews

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… Read More
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