FELA Railroad Litigation – The Week in Review

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

http://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

http://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

http://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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