Railroad Injury Settlements
I often get calls from railroad injury settlement lawyers from people who have been injured when riding trains or other railroad vehicles. The most frequent claim is for injuries resulting from a train collision however there are claims against the company which owns the vehicle. One recent incident involved a Metra employee who was hit in the back of the head while shoveling snow onto the track. The case was resolved confidentially.
Conductor v. Railroad
You may be entitled to compensation under the Federal Employers' Liability Act (FELA) when you're an injured railroad worker. This law requires railroads to provide safe working conditions as well as medical care for employees, regardless of fault.
A railroad conductor was sued by the railroad due to alleged negligence under FELA. The conductor sustained back and knee injuries. His supervisors accused him of submitting an untrue injury report. The railroad offered him a new job.
The FELA lawsuit must not be filed at least three years after the accident. It is generally not worth it to file a lawsuit unless the railroad is at fault. If the railroad has violated any safety regulations however, you could claim compensation under other safety statutes.
There are a variety of laws and regulations that govern the operation of railroads. These laws and regulations must be understood in order to know your rights. The FRSA for instance, guarantees that rail workers can declare illegal or unsafe actions without fear of retaliation. A variety of other federal laws can be used to create strict liability.
An experienced attorney for railroad injuries can assist you or someone you care about who has been injured during work. Hach & Rose LLP can assist you. They have secured millions of dollars in settlements for railroad workers who were injured. They have extensive experience representing union members and are known for their personal attention.
Michael Rose is a member the New York State Trial Lawyers Association Labor Law Committee. He is a specialist in FELA and discrimination-related claims and has been involved in numerous seven-figure settlements. His blog, RailRoad Ties, is an excellent source of information about rights of federal employees.
FELA is a specialized field however, an experienced attorney is necessary to have the success of a case. To win a FELA suit
railroad injuries litigation must prove that they were negligent and the equipment they used was defective.
There are many laws and regulations that you should be aware of whether you're an individual railroad passenger, railroad worker or a customer. If you've been injured by a railroad employee or owned by an employee, contact an experienced attorney for railroad accidents today.
Locomotive engineer v. Railroad (confidential settlement)
A locomotive engineer and a conductor suffered injuries while working. They reached a confidential settlement which ended their case. This verdict is the biggest in Texas for 2020.
The case was handled in the District Court of Harris County, Texas. The judge added one million dollars in expert witness fees and prejudgment interest.
The
railroad injuries lawsuit denied that the accident occurredand claimed the claim should be dismissed. They also claimed that the plaintiff only claimed injury after having missed work. The Sixth Circuit Court of Appeals was in agreement.
The jury awarded $275,000 for the engineer of the locomotive. The jury found that the engineer's injuries were severe enough to require surgery for the lumbar area. The defendants sought relief on defense of product liability and contract breach.
The railroad alleged that the claim was not legitimate and filed an Petition for Review with the Eighth Circuit. The judge in the case decided that the railroad's claims were not frivolous, and denied the railroad's request to dismiss the claim.
The case was also handled in Jefferson County District Court in Kentucky. The court determined that the injuries sustained by the engineer of the locomotive were severe enough to warrant surgical intervention. The attorney for the railroad argued that the claim was frivolous and should be dismissed.
The brakes failed, and the UPRR Locomotive engineer was killed in a train crash. The train was heading west of Cheyenne, WY, when the brakes failed. The brake system was catastrophic.
Locomotive inspection law requires that locomotives operate in a secure, reliable way. A locomotive must be in proper condition, and if it is not, the machine must be fixed. The locomotive may become unserviceable when it isn't repaired.
The Burlington Northern Santa Fe Locomotive Engineer was injured when the backrest of his seat in the locomotive broke. The company later sued Seats, Inc. to recover its costs. The engineer of the locomotive suffered shoulder and lumbar injuries. The railroad offered $100,000 to settle the matter.
The National Railroad Adjustment Board does not decide on disputes regarding working conditions, however, the parties at a conference could. If the participants cannot agree to a conference, the issue is referred to a presiding officer. The presiding officer could be an administrative law judge or other person who is authorized by the Administrator.
Union Pacific railroad Injuries settlement [
gravesales.com] welder v. Union Pacific
railroad injuries lawThe U.S. Supreme Court did not change the standard for evidence for railroad workers who sought to sue under Federal Employers' Liability Act. The court ruled against the majority of railroads' attempts to weaken the statute.
Congress adopted the Federal Employers' Liability Act in 1908. FELA allows injured railroad employees to sue their employers for
Railroad injuries settlement workplace injuries. Additionally, it protects railroaders from being retaliated against by their employers. Specifically, FELA prohibits a railroad from retaliating against a worker who provides information about a safety violation. Locomotive Inspection Act (or Locomotive Inspection Act) is a separate statute that requires railroads to check their equipment on a regular basis.
Union Pacific argues locomotives stored in the rail yard are not considered "in use" by FELA. The statute applies only to locomotives that are operating on the railroad's track. In order to be considered to be in "use" an engine must be in active operation and hauling trains. However, locomotives that are not in active in use are stored.
Union Pacific contends that evidence is not clear as to whether or not the locomotive was operating. This argument is reminiscent of Justice Antonin Scalia's opinion in the 1993 gun case.
The 7th Circuit affirmed dismissal of the district court and was in agreement with railroads' arguments. However, the court acknowledged that a different method could be used to determine if the locomotive was operating.
Union Pacific argued that the railroads' interpretation of the Locomotive Inspection Act was not properly analyzed of the law. It was a result of an incorrect analysis. Union Pacific also asserts that the statute only applies to locomotives when they are in a mobile position. This contradicts LeDure's interpretation of cases.
The Missouri Supreme Court explained that Nebraska and Iowa judges' decisions were based on an insufficient understanding of the law. The court did find the rulings to be an adequate basis for tax withholding on FELA judgments.
The Locomotive Inspection Act was adopted by the National Transportation Safety Board. The agency is investigating the accident.