Rail Law Blog

» Federal Employers' Liability Act

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 wr… Read More
Read More

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 individua… Read More
Read More

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
Read More

“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.… Read More
Read More

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
Read More

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. … Read More
Read More

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… Read More
Read More

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 the… Read More
Read More

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 co… Read More
Read More

The railroad claim agent is not your friend

Let’s take a closer look at #4 on our workplace injury checklist.  Do not give a recorded statement to a railroad claim agent.  Although railroad rules require an injured worker to report an injury, and to possibly participate in an investigatio… Read More
Read More

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.

Contact Us:

Fill out our online form