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Tag Archives: Injured Railroad Workers

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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Your Rights Under the Locomotive Inspection Act, a Helpful Tool in FELA Cases

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

When we meet with railroad engineers, they have often heard of the Locomotive Inspection Act, and ask what additional rights it provides to engineers (or any railroad employee injured on the locomotive engine). The Locomotive Inspection Act (originally called the Boiler Inspection Act) requires that railroads maintain their locomotives in a condition that is… 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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A Railroaders Right to Prompt Medical Treatment When Injured on the Job

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

I wanted to write this blog post because we regularly see clients who are injured while working for the railroad, but are then precluded from receiving medical treatment because railroad management keeps the employee on the property for hours and hours while a manager is called to come interrogate them. In one case, an… Read More »

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A Railroader’s Right to Medical Treatment

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

Injured railroad employees often ask a similar question: Do I have to use the railroad’s doctor for my medical treatment? The answer is simply: no. You can and should use the doctors that you choose, and you do not have to see any doctor recommended by the railroad. Use The Doctor You Want When… Read More »

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Are You Being Targeted by a Railroad Double Standard?

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

It happens a lot around the railroad – double standards. Jeff seems to always get away with wearing jewelry, but suddenly I’m the one getting busted! Kevin’s absenteeism is much worse, but I’m the one being charged! There’s always someone hiding in the bushes watching me, but no one ever seems out to get… Read More »

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Workers’ Compensation Claims Process – How long does it take to get a hearing and what is a “consideration date?

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

One of the most common questions I receive from clients concerns how long it takes to get a hearing before the Maryland Workers’ Compensation Commission. As with any court or judicial body, the Commission sets its own schedule and the claimants and attorneys appearing before it are subject to that schedule. Generally speaking, however,… 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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10 Proven Ways to Make Your FELA Case More Valuable

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

The Federal Employers’ Liability Act (“FELA”) protects railroad employees who are injured due to the railroad’s negligence. Under the FELA, the railroad is still liable even if it is only slightly negligent, even if the employee assumed the risk of their injuries, and even if the employee’s own negligence contributed to their injuries. The… 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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