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Articles Posted in Federal Employers Liability Act

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New CSX Regulations May Put Railroad Workers in Dangerous Positions

Railroad workers are constantly in hazardous places and situation when dealing with various types of high powered machinery on a daily basis. These dangers were found to be true earlier this summer when two young railroad workers, 20 and 25 years old respectively, were fatally struck by a train while…

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L.I.R.R. Train Collision, at least 33 Injured

In the early weeks of October, passengers riding the Long Island Rail Road (L.I.R.R.) commuter train began to hear loud sounds, feel robust vibrations and see wild sparks while glancing outside their train’s window. Then an abrupt impact occurred. As a result, the passengers were confined in the blackened trains while waiting…

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1 Dead, Hundreds Injured in Hoboken, New Jersey Train Crash

A New Jersey Transit commuter rail train plowed through Hoboken Station during rush hour on September 29, 2016, killing one person and injured hundreds, some critically. While the investigation into the trains’ derailment is ongoing, the National Transportation Safety Board (NTSB) has identified speed and human error as the most…

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Statute Based Restriction on Total Damage Amount for Single Railroad Accidents May Not Allow for Adequate Victim Recovery

When a train accident occurs the damage can be devastating and have a lasting impact on all those involved. Many times the victims are left with overwhelming medical expenses and other expenditures related to the accident as a result. After an accident the sufferers must be made whole again, but…

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Railroad Whistleblower Claims

In 2007, the Federal Railroad Safety Act (FRSA), 49 U.S.C. §20109, was amended so there was a shift of authority for railroad worker whistleblower protections from the Federal Railroad Administration (FRA) to the Occupational Safety and Health Administration (OSHA). Also, the amended code included new rights, remedies and procedures in…

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TRAGIC AMTRAK ACCIDENT IN PHILADELPHIA

  Last night, Amtrak Northeast Regional train 188 derailed in Philadelphia, killing 6 and injuring hundreds. The train, operating from Washington to New York, overturned and crashed at approximately 9:45 p.m. It was carrying 238 passengers and a crew of 5 at the time of the accident. Emergency crews worked…

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Court of Appeals overturns FRSA Medical Note Case, Bala v PATH

In a recent case (Bala v. PATH) the United States Court of Appeals for the 3rd Circuit ruled that railroad workers are subject to discipline for “excessive absenteeism” for non-work related injuries despite getting a note from their treating physician. This decision narrows the scope of the Federal Rail Safety…

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