Rail Law Blog

» Federal Employers' Liability Act

FRA Study Confirms Dangers of Walking on Ballast

The findings of a study released earlier this month by the Federal Railroad Administration will come as no surprise to most railroad employees — walking on mainline ballast can cause muscle fatigue and increased stress on your joints. The study, a… Read More
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Benefits under Off Track Vehicle Agreement

Many railroaders are entitled to contractual benefits if they are injured when they are riding in, or getting on or off, an off-track vehicle authorized by the Carrier and are either deadheading under orders or being transported at the Carrier’s ex… Read More
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The dangers of working light duty (Part 2)

A railroad may offer a worker light duty as soon as an injury occurs at work. By keeping the employee on the payroll, the railroad avoids the need to report a lost time incident to the Federal Railroad Administration. This practice can be very danger… Read More
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The dangers of working light duty (Part 1)

Many railroads offer injured employees light duty assignments so they can work prior to being released by the doctor to return to their regular duties. In some cases, the light duty assignment involves nothing other than reporting to work and sitting… Read More
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Time limit under the FELA

Under the Federal Employers’ Liability Act (“FELA”), no action may be brought against the railroad unless it is commenced within three years of the date of the accident. This means that an employee, or his dependents if the employee loses his l… Read More
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The importance of worker solidarity

“An injury to one is the concern of all.” – slogan of The Knights of Labor, circa 1880?s This slogan is perhaps of greater importance in the railroad industry than most other industries in America. Railroad workers are not covered by workers’… Read More
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Filling out the railroad incident report

As soon as possible after suffering an injury at work, a railroad employee should fill out an accident report. Most railroads have formal rules requiring that the accident report be filled out promptly after any injury. Failure to complete the report… Read More
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54 Year Dispute Over 5 Words

One of the basic elements of the Federal Employers’ Liability Act (“FELA”) may be fundamentally changed this year by the United States Supreme Court. Briefs have been filed and oral argument is scheduled for March in the case of CSX Transportat… Read More
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Discussions with your union representative

When a railroad employee is injured, the railroad will usually hold an investigation or disciplinary hearing to detemine whether there was a violation of the railroad’s safety rules. The employee is represented by his local union officer at such a… Read More
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Why the FRSA works

Railroads have a long history of trying to intimidate their employees so workplace injuries are not reported and legitimate FELA claims are not pursued. Employees that file claims are quickly the target of threats and discipline for being “accident… Read More
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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.

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