By Rick Shapiro, Injured Rail Employee Attorney

For the fourth time since 2009, Western states freight railroad giant Union Pacific has been sanctioned by federal authorities for illegally firing an injured rail employee after the worker reported an on-the-job injury. The Occupational Safety and Health Administration issued its latest whistleblower ruling against UP on December 20, 2011, writing in a press release that the rail corporation must immediately rehire the Idaho (ID)-based worker and pay the man $300,000 in compensation, back wages and punitive damages.

Assistant Secretary of Labor for OSHA Dr. David Michaels said that for all railroads, “this case sends a clear message that OSHA will not tolerate retaliation against workers for reporting a work-related injury. … The safety of all workers is endangered when employers intimidate injured workers so that they do not report injuries.”

How soon the rail worker can return to his job and collect his whistleblower judgment remains unclear. Union Pacific pledged to appeal OSHA’s decision, claiming that separate investigations into how and why it fired the injured employee less than a month after he reported his injury found no wrongdoing by the company.

As a Virginia (VA) railroad accident and FELA attorney who has helped dozens of railroaders receive compensation for injuries they suffered while working, I have no problem with UP exercising its right to appeal. I also strongly suspect that the rail corporation will lose. Courts and regulators have long — and invaluable to rail employees — histories of upholding strict liability provision of laws such as the Federal Employers’ Liability Act and whistleblower protections under the Federal Railroad Safety Act.

To summarize how federal labor laws work to protect railroad employees for Amtrak, BNSF, CSX, Norfolk Southern and every other rail corporation as simply as possible: Rail companies must provide safe workplaces, properly working equipment and adequate training. When preventable accidents occur and on-the-job injuries result, railroads cannot deny injured workers’ their rights to report the incidents, receive fair compensation or keep their jobs after drawing attention to unsafe conditions.

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Jim Lewis, VA Personal Injury Lawyer

Workplace injuries are far too common, and the rate of on-the-job injuries in Virginia (VA) actually increased during 2010. A new report also reveals that workplace fatalities decreased 13 percent from the number in 2009. To read more, visit “Virginia Workplace Injuries Increased Durng 2010.”

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By John Cooper, Virginia Railroad Injury and FELA Attorney

It doesn’t take a uranium mine to expose railroad workers to uranium. Workers can be exposed to cancer-causing agents through exposure to rail cars that contain contaminated uranium scrap metal and wastes. A FELA attorney with our Virginia (VA) law firm weighs the consequences of a uranium mines against any potential gains.

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Cooper, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By John Cooper, FELA Plaintiff’s Attorney in Virginia

In his latest blog post to our firm’s Virginia personal attorneys’ website, my colleague Rick Shapiro reports that federal felony fraud charges have been filed in New York (NY) against former Long Island Railroad employees and two doctors who are being accused of inventing false diagnoses of disabling injuries and illnesses. The prosecutors estimate that the scheme has resulted in more than $300 million unearned payments from the Railroad Retire Board fund. Rick notes that a case like this makes it all the more difficult for rail workers who have legitimate work-related injury and wrongful death claims to receive the compensation they deserve. To read more, click over to “Fraudulent Disability Claims Make Life Hard for All Rail Employees.”

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About the Editors: Shapiro, Cooper, Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases. Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Rick Shapiro, Virginia FELA Attorney

When a railroad worker suffers an injury while on the job and reports it, he or she almost always has to fill out a document called an injury report. Some of the questions asked on this form relate to what happened to cause the injury and who may have been at fault. Rail workers must be careful while filling out this report, especially if the rail worker may need to pursue damages through a FELA claim. To learn more about the injury report form and what to do with these types of questions, take a look at this article written by FELA lawyer John Cooper: “Virginia FELA Lawyer Examines a Railroad Injury Form.”

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About the Editors: Shapiro, Cooper, Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases.  Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Randy Appleton, North Carolina (NC) Railroad Injury Attorney

Whether they like it or not residents along Norfolk Southern’s railroad tracks are about to see an increase in train traffic. Norfolk Southern is increasing it’s service to six days a week. An experienced North Carolina (NC)  railroad injury attorney with our firm explores if this will leave residents and motorists at risk for railroad crossing accidents and injuries.

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About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases.  Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By John Cooper, Railroad Accident/FELA Attorney

A 131-car Iowa Interstate freight train carrying flammable ethanol derailed at about 2 am on October 6, 2011, forcing the evacuation of Tiskilwa, Illinois (IL). No injuries to residents have been reported at this time, but it remains unconfirmed whether all of the train crew members escaped the accident without injury.

Trains carrying ethanol use the tracks through Tiskilwa every day, but residents told reporters that recent track work has been followed by faster moving trains, according to ABC News. ”Our house is 135 years old and strong, but we feel it when those tankers go through, so we notice a difference,” said Marilea Bensen, a resident of Tiskilwa.

Was this train wreck caused by a train traveling too fast? We will have to wait and see what the investigation reveals. If it turns out a crew member, or members, were injured in this derailment and the accident was caused by negligent operation, they should consult with a FELA attorney. When a rail employee is hurt in a work-related accident caused by negligence, the employee can pursue damages under the Federal Employers’ Liability Act. This is different from other workers who can pursue compensation through Workers Comp.

To learn more about FELA, check out these Frequently Asked Questions that are answered by experienced FELA lawyers.

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About the Editors: Shapiro, Cooper, Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases.  Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By John Cooper, Virginia (VA) Railroad Employee and FELA Injury Attorney

Virginia coal is a hot commodity. At the Lamberts Point piers in Norfolk, VA, there are always two colliers being loaded and another two waiting to come in.  Coal sales have spiked to record levels.  But what does this increased demand mean for the men and women who work in and around the port, on the loading platform and in the connected rail yard?

Federal health officials recently declared formaldehyde, which is found in coal dust, to be a known carcinogen.  As an experienced Virginia railroad attorney, I know that the fumes put workers exposed to coal dust at risk for developing nose, throat and blood cancers.

The problem is that, just like railroad companies that ignored the dangers of asbestos dust exposure, coal companies are downplaying or dismissing reports that coal dust is dangerous. Railroads allowed their workers to continue to be exposed dangerous conditions, ignoring preventative recommendations from doctors to increase employees’ education, wet down and eliminate dust, encourage respirator, and conduct regular air quality analyses. As a consequence of the rail companies’ willful inaction and disregard for worker safety, thousands have died of preventable work-related illnesses such as mesothelioma.

The sad part is that those preventative techniques were discussed as early as 1936.  Despite the railroad industry’s awareness of these asbestos issues, corporations allowed rail workers to continue to be exposed to hazards because the companies knew that symptoms of cancer or lung diseases would not present for decades.

Working with FELA clients, I have seen the deadly aftermath of mesothelioma caused by asbestos exposure. I now fear for the worst for those being exposed to coal dust.  Although the coal industry is getting richer, the men and woman who turn the cogs of this giant industry may ultimately suffer if exposure to coal dust continues.

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About the Editors: Shapiro, Cooper, Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases.  Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Randy Appleton, Virginia (VA) Railroad Injury FELA Lawyer

A rod implanted in his leg, a cane in his hand, 100 physical therapy sessions under his belt.  Our railroad injury client was obliviously suffering.  But it took experienced railroad injury/FELA attorneys to get the at-fault contractor to compensate the man so he could have the recovery he deserved.  Find out how the railroad attorneys tried  to deceive the jury and what our railroad injury lawyers did to prevent it.

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About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases.  Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Richard N Shapiro, Virginia (VA) Railroad Injury FELA Lawyer

It’s always a shame when companies fail to stand behind employees who have worked hard but are injured on the job.  Such is the case of an Amtrak police officer who was injured at a railroad station.  We filed suit for the officer against his former employer, the National Railroad Passenger Corporation (“Amtrak”) seeking recompense for the work-related injury.  The Circuit Court for Baltimore City granted summary judgment in Amtrak’s favor, agreeing with Amtrak that the officer caused his own injury and that Amtrak could not be held liable.  Find out how our experienced Virginia (VA) Railroad Injury/FELA lawyers won the appeal and forced Amtrak to compensate the injured police officer.

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About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases.  Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (800) 752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.