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Tag Archives: FRSA

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

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

Part III – Manifest: Can the FRSA Protect Your Safety Concerns? The railroads refuse to do anything to protect you from the coronavirus. So many railroaders are asking us, is there anything contained in the Federal Rail Safety Act to protect railroaders who make safety complaints related to coronavirus? The FRSA makes it illegal… Read More »

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Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 3 of 3

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

Part 3 As we discussed in Part 1, it seemed obvious that the FRSA protected railroad employees who follow their doctor’s orders for non-work related injuries. But as we learned in Part 2, some courts don’t care what a statute says – in the Bala/PATH decision the Third Circuit admitted that subsection (c)(2) of… Read More »

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Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 2 of 3

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

Part 2 As we discussed in Part 1, it should be obvious that the FRSA should and does protect railroad employees who follow their doctor’s orders for non-work related injuries, including time off work. That’s the safe thing to do for the employees and the public, and subsection (c)(2) of the FRSA seems clear… Read More »

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Could Some Railroads Soon Be Immune from Lawsuits?

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

Recently we have heard from several railroaders about the potential for state-affiliated railroads to be granted immunity from lawsuits, including Federal Employers’ Liability Act (FELA) and Federal Railroad Safety Act (FRSA) claims.This is in response to a recent decision from the United States Court of Appeals for the Third Circuit, holding that New Jersey… Read More »

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Proving FRSA Retaliation is Not as Difficult as You May Think

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

At the railroad union meetings we attend, we are often asked how it is possible to prove that a railroad is unlawfully retaliating against an employee for reporting an injury or safety complaint. After all, the railroad always gives a supposedly legitimate reason for its discipline. But it’s not as difficult as you might… 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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Beware Of The Railroad’s Release

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

I was recently working on a Federal Rail Safety Act (FRSA) Whistleblower Case involving an argument by the Railroad that my client’s claim had been released. It reminded me that the Railroads as a whole are becoming much more aggressive with their Releases. While it is not an issue when a railroad employee with… Read More »

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Injured Employee’s Rights With Regard To Medical Treatment

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

Whenever an employee is injured during the course of their employment on a Railroad, it is important to understand that the employee can seek medical treatment with health care providers of his or her choice. This right is ingrained in the Federal Employers’ Liability Act (FELA) and is one of the most important rights… Read More »

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Why Railroad Employees Don’t Report Injuries

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

Whenever I speak at a Railroad Union Meeting, I emphasize the importance of reporting any injury, no matter how insignificant it may seem at the time. The older railroad employees in attendance invariably raise their hand and relate stories of co-workers who were fired on trumped up charges after reporting an injury. No doubt,… Read More »

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