Rail Law Blog

» FELA

Lost Wages Payable in FELA Claim Are Taxable Under RRTA

  On March 4, 2019, the United States Supreme Court decided BNSF Railway Co. v. Loos and held that damages paid for an on-the-job injury are taxable under the Railroad Retirement Tax Act (RRTA).  Previously, FELA awards were considered paymen… Read More
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Witnesses and the FELA Claim

When a railroad employee is injured at work, there are frequently other employees around who can testify as to the cause of the accident.  It is important that the injured employee, or his union representative, gather the names of such witnesses. … 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 wr… Read More
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Third Party Negligence Under the FELA

Consider a case in which a railroad employee, as a part of his job, is required to enter the property of a customer of the railroad. While performing his job duties, the employee is injured because a walkway on the customer’s property is not ma… 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 individua… 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.… 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. … 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… 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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