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Recovery for emotional injury under the FELA
May 17th, 2011
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…
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Categories: Rail Law Blog
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Another example of why to promptly report your injury at work
May 12th, 2011
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…
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Categories: Rail Law Blog
Tragic accident highlights dangers of transporting railroad crews
April 22nd, 2011
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…
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Categories: Rail Law Blog
The railroad claim agent is not your friend
April 14th, 2011
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 investigation wit…
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Categories: Rail Law Blog
FRA Study Confirms Dangers of Walking on Ballast
March 30th, 2011
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…
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Categories: Rail Law Blog
Benefits under Off Track Vehicle Agreement
March 11th, 2011
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…
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Categories: Rail Law Blog
The dangers of working light duty (Part 2)
March 4th, 2011
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…
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Categories: Rail Law Blog
The dangers of working light duty (Part 1)
March 3rd, 2011
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…
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Categories: Rail Law Blog
Time limit under the FELA
February 28th, 2011
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…
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Categories: Rail Law Blog
The importance of worker solidarity
February 22nd, 2011
“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’…
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Categories: Rail Law Blog