Rail Law Blog

» railroad

Update: FRSA Medical Treatment Provision Cases

In a previous post, I discussed the medical treatment provisions of the Federal Rail Safety Act (FRSA) that prohibit railroads from denying, delaying, or interfering with the medical treatment of an employee “who is injured during the course o… Read More
Read More

Can the Railroad Discriminate Based on Obesity?

This post considers the question of whether an employer can take an adverse action against an employee because that person is obese, or overweight.  The issue was recently presented to me when a railroad signal employee was removed from his assignme… Read More
Read More

Investigative Reporter Details Dangers of Shipping Crude Oil by Rail

A recent derailment of a CSX train in Maryville, TN carrying hazardous chemicals was the latest example of the catastrophic dangers involved with shipping combustible materials through populated areas on aging railroad infrastructures.  Most of the… Read More
Read More

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
Read More

Federal Court of Appeals limits FRSA Medical Treatment Provision

The Third Circuit Court of Appeals held recently that the provision of the Federal Rail Safety Act (FRSA) prohibiting railroads from disciplining employees “for following orders or a treatment plan of a treating physician” applies only to… Read More
Read More

Administrative Law Judge Rejects Railroad’s Argument In Case Under FRSA

I previously wrote a post about how railroads can use a system of operational rules testing as a form of harassment and retaliation after workers report safety concerns or injuries on duty. In one such case where those allegations have been made ag… 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

Ohio Overtime laws do not apply to railroad workers

I was recently asked at a union meeting whether any laws in Ohio provide recourse to a railroad worker who was not paid 1 ½ times his regular rate of pay for hours worked in excess of eight hours.  The short answer, unfortunately, is no.  The rea… Read More
Read More

Presidential Emergency Board No. 243

A potential nationwide rail strike was halted yesterday by President Obama, who signed an Executive Order creating Presidential Emergency Board 243 (“PEB”) pursuant to the provisions of the Railway Labor Act (“RLA”).  The dispute involves… Read More
Read More

Don’t Delay – File for RRB Sickness Benefits Immediately

I represent an employee of a small railroad in southern Ohio who does not belong to a union.  After suffering an injury at work, he did not know what to do.  Without guidance from a union or attorney, he was even unaware of the availability of bene… 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