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Tag Archives: Railroad Accidents

Part 3 – the FELA Statute of Limitations for Occupational or Repetitive Injury Claims

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

In the first two parts of this series, we learned what the statute of limitations is, and how it is applied when you have a traumatic injury at work, such as a broken bone. But not all railroad injuries occur at an identifiable time and place. Some injuries may take years to develop, such… Read More »

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Part 2 – The FELA Statute of Limitations for Injury Claims

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

In the first part, we learned that the statute of limitations for an FELA claim is three years. Well, three years from what? When you suffer a traumatic injury at work with the railroad, you have three years from the date of your injury to file a lawsuit against the railroad. What do we… 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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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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Maryland Railroads Place Profits Over Public Safety

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

Railroads shamelessly place profits over the safety of their employees on a routine basis, as evidenced by CSX Transportation, Inc.’s rollback of time-tested safety measures such as three-step protection, the mandatory use of brake sticks and not requiring their employees to get on and off moving railroad equipment. The railroad industry’s lack of a… 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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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 Attorney H. Dave Leibensperger 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… 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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