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Tag Archives: Railroad Employees

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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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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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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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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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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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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Intimidating Railroad Tactics – Confidential Medical Information

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

I recently spoke with a railroad client and learned about another example of a railroad overreaching its bounds and intruding on the personal rights of its employees – this time with regard to the right of medical confidentiality. Given the importance of this issue, I thought it would be a good opportunity to explore… Read More »

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