Workers Compensation

Comparative negligence played a significant role in how a BNSF Railway worker’s final injury award was determined. Although the jury returned a verdict of over $7.1 million, the worker only received almost $3.5 million for injuries he suffered while working at a rail yard because he was determined to have been 51% at fault for … Read more

Cumulative trauma injuries accumulate over time and often result in severe injuries for railroad workers. Railroad workers operate in hostile environments where life-changing accidents are common, but cumulative stress injuries caused by repetitive motion, exposure to toxins, vibrations, loud noises, or sustained positions can be just as debilitating. Cumulative Trauma Explained Cumulative trauma refers to a … Read more

Arc flashes are a constant and potentially fatal threat to railroad workers. Arc flashes are concentrated bursts of energy that explode outward from electrical equipment. They are caused by a broad range of incidents including insulation failures and corrosion. The Occupational Safety and Health Administration (OSHA) and National Fire Protection Association (NFPA) both recommend standards … Read more

POSTED ON JUNE 14, 2018 IN RAILROAD INJURY Railroads use a variety of tactics to attempt to avoid liability for FELA injury claims. Unlike workers’ compensation laws, which do not require the worker to establish fault in an injury case, a successful FELA claim requires the injured worker to prove that the negligence of the railroad … Read more

The Federal Employer’s Liability Act (FELA) allows railroad workers to file claims for compensation when injuries are suffered while working on the railroad. FELA predates the workers’ compensation system and provides similar types of coverage for injured workers. However, there are significant differences between the two systems and FELA can be a more complete remedy than … Read more

Railroads are required to install positive train control technology but a report by the FRA shows that while some railroads have made significant progress, many freight and commuter railroads are not on the fast track to safety and have yet to install a single radio tower or equip a single locomotive with PTC technology despite … Read more