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Tag Archives: FELA

FELA Death Benefits – After the Worst Thing Happens

By Berman, Sobin, Gross, Feldman & Darby LLP |

Railroading is a dangerous business – there is no doubt about it. I’ve heard many people say that railroad operating rules are written in blood. But sometimes, even if you do everything right, the worst thing imaginable can still happen. Planning ahead for that possibility is the responsible thing to do, and there is… Read More »

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The Interchange of Coronavirus, Federal Regulations, the FELA, and the FRSA – Part 2 of 3

By Berman, Sobin, Gross, Feldman & Darby LLP |

Part II – Slack Action: How the FELA Can Protect You If You Contract the Coronavirus. The railroads’ refusal to undertake even the most basic safety measures is going to bunch down the consist until the slack runs out and has dangerous consequences. Railroaders will get sick. So many railroaders are asking us right… Read More »

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The Interchange of Coronavirus, Federal Regulations, the FELA, and the FRSA – Part 1 of 3

By Berman, Sobin, Gross, Feldman & Darby LLP |

Part I – Bad Order: the FRA is No Longer Looking Out for Your Safety, Period. There is a mechanical defect here – a big one. As many of you may already know, the SMART Transportation Union sent an Emergency Petition to the Federal Railroad Administration – the agency whose mission is supposed to… Read More »

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How the Safety Appliance Act Enhances Your FELA Claim – Part 2

By Berman, Sobin, Gross, Feldman & Darby LLP |

In Part 1 we learned that the Safety Appliance Act is a powerful tool for injured railroaders. If you are injured by the failure of the railroad to install or maintain any of the safety devices required by the Safety Appliance Act, you do not need to prove the railroad was negligent. However, you… Read More »

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How the Safety Appliance Act Enhances Your FELA Claim – Part 1

By Berman, Sobin, Gross, Feldman & Darby LLP |

When a railroader gets injured on the job, the claim is always governed by the Federal Employers’ Liability Act (FELA). But some FELA injury cases are enhanced by the Safety Appliance Act, a federal law first enacted in 1893. Typical FELA cases require the injured railroader to prove some negligence on the part of… Read More »

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Supreme Court Requires Injured Railroad Employees to Litigate Far From Their Homes

By Berman, Sobin, Gross, Feldman & Darby LLP |

I wanted to write this post for our friends who work in the railroad industry because the Supreme Court recently issued a decision that affects the rights of every railroader. On May 30, 2017, the Supreme Court decided the case BNSF Railway Co. v. Tyrrell. The Court’s decision limits the states where railroad employees… Read More »

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The FELA: Protection Wherever You May Roam

By Berman, Sobin, Gross, Feldman & Darby LLP |

At a recent railroad union meeting we attended there were several questions about the railroad’s responsibility when someone is injured off the work site and we thought it would be good to get some information out about this. It’s important to remember that the railroad’s duty to its employees to provide them with a… Read More »

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Who Knew What, and When? It’s Important in FRSA Whistleblower Cases

By Berman, Sobin, Gross, Feldman & Darby LLP |

The Federal Rail Safety Act (“FRSA”) whistleblower law is one of the most powerful tools in a railroad employee’s arsenal to protect themselves against harassment and intimidation at work. Next year will mark the 10 year anniversary of the implementation of this law, which was passed in recognition of the hostile work environment prevalent… Read More »

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The Squeaky Wheel Gets the Grease

By Berman, Sobin, Gross, Feldman & Darby LLP |

Everyone has heard the above adage many times and understands what it means. One wonders whether the origin of this phrase comes from the Railroad Industry. In any event, it certainly has modern applicability to a Railroaders rights under the Federal Rail Safety Act Whistleblower Provisions. One of the strongest provisions of the Federal… Read More »

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Contributory and Comparative Negligence In FELA Cases

By Berman, Sobin, Gross, Feldman & Darby LLP |

As I indicated last week, to recover damages in a Federal Employers’ Liability Act (FELA) case, there is a requirement that the Railroad act negligently in producing a Railroader’s injuries. Contributory negligence is a similar concept except that it’s an action or inaction on the part of the Railroader which leads in some manner… Read More »

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