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Tag Archives: Railroad Safety

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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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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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 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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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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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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What Makes A Good Railroad Injury Case?

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

I am often asked by clients, perspective clients and railroad employees I meet throughout my travels about what makes a good railroad (injury) case. Well, that is a difficult question to answer. I always start out by reminding railroaders that the Federal Employers’ Liability Act (FELA), is a negligence based law. The law requires… Read More »

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Vision Certification Issues For Railroad Conductors And Engineers

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

I have received numerous calls recently from Railroad Engineers and Conductors from across the nation regarding certification issues, especially with regard to visual color deficiencies and visual acuity issues. It is important to understand that the Railroads are struggling with the appropriate methods with which to measure color vision deficiency and visual acuity deficiencies… Read More »

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