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» Federal Rail Safety Act
OSHA awards $800,000 in damages against NS for FRSA violation
June 19th, 2012
The Occupational Safety and Health Administration announced yesterday that it has ordered Norfolk Southern Railway Co. to pay over $800,000 in damages on the claims of three employees who were retaliated against after reporting injuries at work. The…
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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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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
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
Getting a prompt return to work from the railroad Medical Department
May 3rd, 2011
I recently received a call from a railroad conductor who was having a difficult time getting the railroad medical department to approve him for a return to work following an injury. It is not uncommon for an injured employee to be pulled out of servi…
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Get medical treatment from your own doctor
March 9th, 2011
Following a workplace injury, most railroads require an injured employee to be examined by a physician on the railroad’s staff or by an outside doctor with whom it has a contractual relationship. Your interaction with this doctor should be limited…
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Categories: Rail Law Blog
You have a right to immediate medical attention
February 8th, 2011
If you suffer an injury on the railroad that requires immediate treatment, demand that your supervisor get you to the nearest hospital. Do not allow the supervisor to delay your treatment so that he or she can discuss the incident with you, fill out…
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Categories: Rail Law Blog
Why the FRSA works
February 8th, 2011
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…
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Categories: Rail Law Blog
FRSA – Protection against retaliation
February 8th, 2011
The Federal Rail Safety Act (“FRSA”) was recently amended to give railroad employees a remedy when they are retaliated against for reporting on-the-job injuries. The provisions of this law have the potential to change the entire culture of the ra…
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Categories: Rail Law Blog