Category Archives: FELA Railroad

FELA: Durable and still going strong

Opinion analysis: Court restricts lawsuits against out-of-state railroads

http://www.scotusblog.com/2017/05/opinion-analysis-court-restricts-lawsuits-state-railroads/FELA does not itself create a special rule authorizing jurisdiction over railroads just because they happen to do business in a particular place, the court emphasized.

Second, the court continued, a Montana rule that allows courts in the state to …

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Appeals court: Ex-rail worker can keep $21M judgment for foot severely injured in accident on job

https://cookcountyrecord.com/stories/511200617-appeals-court-ex-rail-worker-can-keep-21m-judgment-for-foot-severely-injured-in-accident-on-jobA state appeals court has upheld a $21 million judgment for a railroad worker who hurt his foot on the job.

The panel said Norfolk Southern failed to cite federal precedent to support its claim a disability award was improper for a FELA …

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Supreme Court: General Personal Jurisdiction Test Applies to All Actions

In BNSF Railway Co. v. Tyrrell, 137 S. Ct. 1549 (U.S. 2017) (No. 16-405), plaintiff employees sued the defendant railroad under the Federal Employers’ Liability Act (FELA) in Montana state court.

The defendant was neither headquartered nor incorporated …

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Amtrak building manager says company violated FELA through two injuries he suffered since 2014

https://pennrecord.com/stories/511167936-amtrak-building-manager-says-company-violated-fela-through-two-injuries-he-suffered-since-2014An Amtrak building manager claims the company violated the Federal Employers Liability Act (FELA) on two occasions in the past three years, when he suffered two injuries in the course of his employment and/or tenure with the company.

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FELA: Durable and still going strong

Railroads abhor it; labor leaders adore it.

The most senior and conservative Republican in the U.S. Senate is its staunchest supporter.

Say hello to the 109-year-old Federal Employers’ Liability Act (FELA), which has nothing to do with federal workers …

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Lawsuit: Amtrak trackman and driver’s shoulder injuries are the result of FELA violation

https://pennrecord.com/stories/511221824-lawsuit-amtrak-trackman-and-driver-s-shoulder-injuries-are-the-result-of-fela-violationAn Amtrak trackman and truck driver has accused the train transportation company of violating the Federal Employers Liability Act (FELA) by not making for a safe workplace, which he says led to his serious shoulder injuries.

Adam R …

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Former Amtrak electrician says company at fault for career-ending hand injuries

https://pennrecord.com/stories/511217972-former-amtrak-electrician-says-company-at-fault-for-career-ending-hand-injuriesAn Amtrak electrician has alleged the train transportation company violated the Federal Employers Liability Act (FELA) by not providing a safe workplace, and causing an electricity accident that left him with severe, career-ending …

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Former railroad conductor and brakeman alleges his kidney cancer was caused by toxic substance exposure

A former train conductor and brakeman of 36 years claims a trio of rail companies violated the Federal Employers Liability Act (FELA) by neglecting to provide him a safe workplace, and allegedly causing him to contract kidney cancer …

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Union Pacific prevails at Supreme Court in St. Clair County FELA case

https://madisonrecord.com/stories/511083905-union-pacific-prevails-at-supreme-court-in-st-clair-county-fela-caseUnion Pacific Railroad, which won a jury verdict in an employee’s injury trial but lost it at the Fifth District appellate court, regained its victory at the Illinois Supreme Court on Feb. 17.

The Justices ruled that Union Pacific …

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CSX Escapes $2M Verdict As Fla. High Court Drops Case

The duty at issue in the instant case is well-established, Manko said: “Under FELA, railroads owe a duty to exercise reasonable care to both provide a safe workplace and, as part and parcel of that duty, they have a duty to exercise reasonable care to …

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FELA Railroad Litigation – The Week in Review

Railroad Worker Claims Benzene, Creosote-Coated Rail Ties Caused His Leukemia

https://northeast-nc.legalexaminer.com/toxic-substances/railroad-worker-claims-benzene-creosote-coated-rail-ties-caused-his-leukemia/When a railroad company negligently violates any employee safety law or regulation, it immediately becomes liable for paying injury and wrongful death claims brought under the Federal Employers Liability Act (FELA). Neither Union Pacific nor the …

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Injured Railroad Workers Can File FELA Lawsuits

Railroad workers who suffer from on-the-job injuries are legally protected by the Federal Employers Liability Act (FELA). However, those filing a FELA claim must prove that employer negligence somehow caused the injury. This process is known as a …

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8th Circuit Affirms Negligence Verdict Against BNSF

“Whether a railroad has reasonable grounds to foresee that a particular condition might result in an injury depends on the evidence of each particular case,” the per curiam, published opinion stated. “We have no basis to review BNSF’s foreseeability …

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Railroad Worker Injuries and FELA Claims

and aggravations of pre-existing conditions, such as where an injury accelerates or exacerbates an existing health problem within the body. Do I Have to Prove the Railroad Was Negligent? As mentioned above, to prevail in a FELA claim the railway worker …

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Railroad not at fault for not protecting worker from West Nile virus

The high court on Friday ruled 5-1 to reverse a Texas Court of Appeals decision that the Union Pacific Railroad Co. had failed to provide a safe workplace under the Federal Employers Liability Act, which protects and compensates railroad workers …

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What To Do If You Are Injured Working on a Railroad

Immediately following your railroad injury, if you have not been rushed to a hospital … Attempt to preserve any evidence related to your injury because in order to file a claim under FELA, Federal Employers’ Liability Act, you will be required to …

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When Is a Railroad Worker “Employed” Under FELA?

A worker must prove that the harm resulted from the railroad’s negligence. Simply put, FELA makes a railroad liable for negligently causing injury or death to any person “while he is employed” by the railroad, and the railroad’s negligence played a …

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Court: Out-of-state railroad workers can sue in Montana

https://missoulian.com/news/state-and-regional/court-out-of-state-railroad-workers-can-sue-in-montana/article_1b2e5bc7-9124-5e84-aac5-0a4690e4e1dd.htmlDaimler is not a railroad company, and the Federal Employers’ Liability Act, referred to as FELA by the court, was written specifically to allow injured railway workers to file such out-of-state lawsuits, as long as the rail company operates in the …

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Railroad contractor injured on the job, FELA case?

The Act does not require that the accident happen on railroad property, as long as the injury occurs in the furtherance of the worker’s employment. 2. The railroad must be engaged in interstate commerce between two (2) or more states. As a result of …

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BNSF Railroad Employee Unfairly Suspended for Reporting an Injury Awarded $300K by OSHA

A major decision of particular interest to me, as a Virginia Beach, VA-based FELA and railroad injury attorney with offices just a few miles away from Norfolk Southern’s headquarters, was an award of $122,000 to an NS trackman who was fired after …

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High court agrees to hear Union Pacific’s ‘sole cause’ defense appeal

https://madisonrecord.com/stories/510741666-high-court-agrees-to-hear-union-pacific-s-sole-cause-defense-appeal-fifth-district-had-overturned-verdict-for-railroadIn a split decision, the appellate court found for Wardwell, who argued that under provisions of FELA the railroad did not have the right to introduce evidence that a non-railroad third party – a drunk driver – was the sole and proximate cause of the …

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2 Million Dollar FELA Verdict For Improperly Mounted Seats/Seatbacks

Pennsylvania FELA attorneys Mike Olley and David Lockard reported an important FELA personal injury verdict in favor of railroad engineer that was returned May 2008, in Philadelphia state court in a case called Lockley v. CSX. Lockley, age 53, had been a …

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Locomotive Engineers May Face Higher Cancer Risk From Exposure to Magnetic Fields

One such analysis that a fellow Federal Employers Liability Act (FELA) attorney alerted me to is a study that highlighted a link between long-term exposures to extremely low-frequency electromagnetic fields (EMFs) and two specific forms of cancer …

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FELA Attorney Announces FRA to Ban Electronic Devices and Cell Phone Usage for Railroad Operating Employees

The FELA attorneys with Burwell Nebout posses the resources and expertise to take on the largest companies and insurance companies. Regardless of the extent of your railroad injury – the Burwell Nebout Law Firm has the experience that can get you the …

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Supreme Court decides FELA causation standard case: CSX Transp., Inc. v. McBride

The Supreme Court is holding that under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, a defendant railroad “caused or contributed to” a railroad worker’s injury, permitting a plaintiff to recover, if the railroad’s negligence played a part—no matter how small …

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Supreme Court Won’t Review Hurt BNSF Worker’s $13M Award

“This puts the case to rest and brings about finality for this rail worker, who’s been through enough as it is,” said Nelson Wolff, the attorney for BNSF brakeman and conductor Michael Bolen whose right leg and left heel were run over by a rail car …

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BNSF Worker Asks Justices Not To Touch $12.5M Injury Award

A BNSF Railway Co. worker awarded $12.5 million by a Missouri state jury after his leg was crushed on the job by a train has asked the U.S. Supreme Court not to grant the company’s bid to review the …

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Justices Won’t Hear BNSF’s Safety Law Compliance Fight

The U.S. Supreme Court on Monday said it will not hear BNSF’s challenge of a California appeals court’s ruling upholding a $3.2 million workplace injury verdict, shunting the rail giant’s argument that …

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Long Island Railroad Must Face Worker Injury Suit, Judge Says

“Given FELA’s permissive standards and the record evidence here, the jury would have a reasonable basis to conclude that LIRR was negligent in allowing the heat kink to form, which played at least some part in plaintiff’s injuring his back while …

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When and Why Railroad Workers Should File Accident Reports

When and Why Railroad Employees Ought to Submit Accident Reports
If you work for a railroad, you have rights under a distinct law referred to as the Federal Employers’ Liability Act (a.k.a. FELA). Enacted in 1908 specifically …

Pedestrian eliminated by Sounder train north of Auburn
Melonas says this was the 26th train-pedestrian death in 2015, which is the highest variety of deadly train accidents in Washington state in the past 20 …
India Train Accidents: A minimum of 14 People Eliminated In Separate Train Collisions In Haryana …
Two different train accidents in India eliminated a minimum of 14 individuals, authorities said Tuesday. The occurrences took place in the northern Haryana state and the …
Mumbai: No mega block Sunday, rail fracture Monday|Mumbai NYOOOZ
From the 14, who passed away due to railway accidents, 11 deaths happened on the central path. Representation pic The incident happened at 7am affecting …
When and Why Railway Employees Must Submit Accident Reports
While conjuring up FELA rights and succeeding with a claim for compensation does not depend on filing an accident report, submitting official paperwork …

Man Dies After Industrial Accident at Rail Port

Male Passes away After Industrial Accident at Rail Port
The Lubbock County Sheriff’s Workplace said on Tuesday that Steven Whitehead passed away after an industrial accident Monday. It was reported just …