Saturday, 19 of May of 2012

Tag » worker

Rail Employees Placed at Risk by PTC Requirement Rollback

Railroads, despite booking record profits, convinced regulators that protecting rail employees would be too expensive.

By Randy Appleton, Railroad Injury Lawyer in Virginia 

In his latest post to our law firm’s Norfolk Injuryboard blog site, my colleague Rick Shapiro decries a rollback of federal rules requiring rail corporations to install essential train-slowing and -stopping technology. The railroads, despite booking record profits, convinced regulators that protecting rail employees would be too expensive. To read more, click over to “Easing of Positive Train Control Requirement Endangers Railroad Workers.”

EJL

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 donate to the Fallen Brother Fund.


Three Tips for Finding the Best FELA Lawyer for Your Case

By Rick Shapiro, Railroad Worker Injury Attorney

An injured railroad worker or retired rail worker struggling with a life-threatening cancer diagnosis who wants to file a FELA claim against their employer has a myriad of options for legal counsel. Some lawyers even head to the airwaves and proclaim their expertise in handling railroad mesothelioma claims due to exposure to asbestos. However, you should not base your decision for counsel on slick advertisements. Here are three tips for finding the best FELA lawyer to handle your case:

1. Look at the FELA attorney’s case results page on their web site.

A lawyer can talk all they want about being the best railroad injury lawyer, but they cannot hide the truth on the case results page of their web site. Why? Because this is the most heavily regulated page on any lawyer or law firm’s site. If a lawyer posts a misleading or inaccurate case result, they could potentially be disbarred or sanctioned by their state bar association. When you’re on this page, check to see what types of case results they’ve achieved in representing injured railroad workers. Have they represented injured conductors or engineers in the on-the-job injury case? Have they handled a diesel exhaust cancer case? For an example of  relevant case results, take  a look at our FELA firm’s railroad client case results. For example, in one of our cases, our firm represented a conductor who suffered paralyzing injuries when an engine hit him while he was inspecting his own train in a rail yard. We secured a multimillion dollar settlement to ensure he was properly compensated for this traumatic, life-changing event.

2. Review the FELA attorney’s accolades and accomplishments. 

If you’re looking for the best railroad worker injury lawyer, you should look for a lawyer who is recognized as a “Best Lawyer” by U.S. News & World Report and has an “AV” rating by Martindale-Hubbell. These are non-biased organizations that objectively rank the quality and caliber of attorneys across the country. Furthermore, I was an officer and Chair of the Railroad section of the American Association of Justice.

In addition to the non-biased organizational accolades, you should review the attorney’s client testimonials. If a lawyer doesn’t have many, or any, testimonials then it could be an indicator of inexperience or a lack of quality representation. To give you an idea of the type of testimonials you should be looking for, take a look at this testimonial from a mesothelioma client.

3. Check if the FELA lawyer has written any substantive publications in railroad injury law.  

In addition to actually handling these types of complex cases and being accomplished, your FELA lawyer should have some level of expertise in this field of law. This is why you should check to see if the lawyer has written any legal articles of substance in railroad law. For example, I was a co-author of the “Railroad Health & Safety- A Litigator’s Guide,” one of leading treatises on railroad injury law, found in the nation’s law libraries (72 Am. Jur. Trials 1).

For any injured railroad worker – whether you were hurt on the job working for Amtrak, Norfolk Southern, CSX, Conrail, etc. – if you follow these three tips, you’ll improve your chances of hiring a top-notch, qualified railroad injury attorney to handle your case.

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 donate to the Fallen Brother Fund.

 


CSX Ordered to Pay $1.25M to Former Employee Who Developed Arthritis on the Job

The railroad's defense that FELA claims for repetitive stress injuries due to unsafe and poorly maintained grave ballast were barred under provisions of the Federal Railroad Safety Act were not accepted by a circuit court jury or a panel of appeals court judges.

By Randy Appleton, Railroad Repetitive Stress Injury Attorney

A civil jury award of just less than $1.25 million to a retired CSX Transportation brakeman and engineer who developed debilitating osteoarthritis in both knees has been upheld by a Maryland (MD) appeals court. In ordering the railroad corporation to compensate the man for past and future medical expenses related to the degenerative disease, as well as pain and suffering, judges in Baltimore County noted that “”the Federal Employers’ Liability Act imposes on the defendant railroad a duty to [its] employees and to all of [its] employees including [this plaintiff] to exercise reasonable care to provide the employee with a reasonably safe place in which to work, reasonably safe conditions to work and reasonably safe tools and equipment.”

CSX argued during both the circuit and appeals court cases that provisions of the Federal Railroad Safety Act, or FRSA, spelling out requirements for placing and maintaining gravel on rail beds prohibited rail workers from filing FELA claims for compensation for injuries or health problems blamed on unsafe ballast. As a personal injury attorney in Virginia (VA) whose law firm has helped rail workers win cases involving poorly groomed and graded ballast, I know CSX’s defense was bogus. The jurors and appellate judges in Maryland saw through the railroad’s legal smoke and mirrors, too.

The plaintiff in the case ultimately decided as CSX Transportation v. Pitts began his rail career as a trackman in 1971 and spent the next 32 years as a fireman, conductor and engineer. Each job required him to walk as much as 2 miles each day on gravel beds. The uneven and shifting surface strained his knees to the point that he eventually began suffering muscle and cartilage tears, the grinding of bone on bone and constant pain. Arthritis is one of the most common results of repetitive stress injuries for railroad employees.

 

 

There is no question that repetitive stresses and occupational illnesses — whether respiratory, such as mesothelioma, or degenerative, such as spinal disc damage — are grounds for FELA lawsuits. Despite this, rail companies will often try to avoid liability for not protecting employees’ lives and health. I am pleased to see that CSX was held accountable this time.

EJL

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 donate to the Fallen Brother Fund.


Amtrak Engineer Hospitalized After Collision With Tractor-Trailer

The truck's driver did not see or hear the train approaching as he stopped his big rig at a stop sign near a grade crossing.

By Rick Shapiro, Injured Rail Employee Attorney

After an Amtrak train collided with a tractor-trailer sitting across tracks near Alpaugh, Calfiornia (CA), the engineer controlling the locomotive went to a hospital for treatment of a back injury. Two passengers also sustained minor injuries and were treated at the scene.

According to KNSF-TV ABC30, the truck’s driver did not see or hear the train approaching as he stopped his big rig at a stop sign near a grade crossing. The trucker also failed to notice a gate lowering across his flatbed trailer, which was still in the train’s path. The engineer tried to slow and sounded his horn to no avail.

 

 

While I primarily represent railroad employees who suffer on-the-job injuries in Virginia (VA), North Carolina (NC) and Florida (FL), this train-truck collision caught my attention because of the incident’s similarity to a case my firm handled in 2005. Our client was a CSX conductor trainee who sustained a severe spinal injury when a truck caused a crash on rail yard tracks. She had to abandon her rail career, and we were able to help her recover $650,000 in damages.

Whenever accidents involving large commercial trucks and locomotives occur, injuries or fatalities are practically inevitable. I wish the Amtrak engineer a full and speedy recovery. I also hope the California accident remind all drivers of the dangers they, rail workers and passengers face at crossings.

EJL

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 donate to the Fallen Brother Fund.


Diesel Fumes and Cancer: How Companies Concealed the Truth

A group of mining companies and fuel producers calling itself the Methane Awareness Resource Group filed suit in federal court to block circulation and, ultimately, publication of data. Members of Congress supported the industry's case.

By Rick Shapiro, Railroad Cancer Victims’ Attorney

When writing recently about a long-term study that revealed a strong link between on-the-job exposure to diesel exhaust and lung cancer deaths, I mentioned that the data had been suppressed for more than 15 years. I didn’t go into the details of the efforts to keep the truth from workers and general public because I felt it was most important to highlight the researchers conclusion that

if the diesel exhaust/lung cancer relation is causal, the public health burden of the carcinogenicity of inhaled diesel exhaust in workers and in populations of urban areas with high levels of diesel exposure may be substantial.

In short, I wanted to call attention to the reality that railroad employees, truck drivers and people living near rail yards, ports and truck depots face significant risks to their health and lives from breathing in diesel fumes.

But I’d be derelict in my duty as a Virginia (VA) personal injury attorney who has represented dozens of rail workers sickened by exposure to toxic and cancer-causing chemicals on the job if I left the details of how companies and politicians did everything they could to squelch the diesel-cancer link findings. The story closely parallels how the dangers of asbestos — and the toll of mesothelioma and asbestosis — were intentionally denied and concealed for decades, And like the shameful asbestos legacy, attempts to cover up diesel exhaust risks have resulted in thousands, if not millions, of unnecessary illnesses and deaths.

For related info about diesel exhaust fumes, take a look at these articles:

The diesel exhaust data came from a 50-year study of  miners called, aptly, the Diesel Exhaust in Miners Study (DEMS). Between 1947 and 1997, federal researchers measured air pollution inside mines and tracked the health of the men and women who worked in the atmospheres saturated with diesel fumes. Analyses of the DEMS data conducted with funding from the National Cancer Institute and the National Institute for Occupational Safety and Health revealed the lung cancer risk to workers most exposed to diesel exhaust. Those analyses were started before 1997, and papers were drafted for peer review as early as 2000.

A group of mining companies and fuel producers calling itself the Methane Awareness Resource Group filed suit in federal court to block circulation and, ultimately, publication of the DEMS papers on the grounds that research findings produced under government contracts are subject to review by members of Congress before being made public. That legal fine point is true, but the review is almost always pro forma, when it is conducted at all.

As an investigative report from the Center for Public Integrity notes, however, MARG not only succeeded in holding up dissemination of the diesel exhaust findings, the group won a judge’s order requiring industry review prior to publication. The 2001 court order kept the DEMS data out of print until 2012, an outcome the mining and fuel companies no doubt desired because they wanted to contest federal regulations on diesel exhaust. The corporations default critique has been that tougher diesel fume exposure standards lacked a scientific basis.

All during the legal proceedings, MARG has been fully supported by Republican members of the U.S. House of Representatives. At one point, members of Congress went so far as to file a brief to a court on MARG’s behalf. At other times, congressmen have called on judges to enforce rulings favorable to the industry group.

Now, even with the data from the diesel exhaust study in print, MARG has obliquely threatened the editors and publishers of the Annals of Occupational Hygiene and the Journal of the National Cancer Institute with legal action. As fellow personal injury lawyer Maxwell S. Kennerly observed, however, the industry group doesn’t seem to have any grounds for a lawsuit because it has already compelled researchers to take the unprecedented step of sharing prepublication government data with a nongovernmental entity.

Yes. This is all so much inside baseball. But the details — which I’ve actually skimped on — are important to illustrate the lengths to which companies and their political patrons will go to in order to avoid liability for making employees sick.

Now that the truth about the dangers of diesel fumes is known, with even the New York Times and CBS News reporting on the cancer risks, it’s time to focus on how and why it took so long for the facts to get out. Industries must own up to the risks they require workers to face. When those risks become actual injuries and illnesses, companies must be held liable for compensating employees. This goes for Amtrak, CSX and Norfolk Southern as much as for trucking corporations and mine operators.

EJL

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.


Study: Strong Evidence for Diesel Exhaust-Lung Cancer Link

Railroads from Amtrak to CSX and Norfolk Southern should expand efforts to reduce rail employees' exposure to diesel fumes.

By Randy Appleton, Railroad Cancer Victims’ Lawyer

In his latest post to our law firm’s Virginia Beach Injuryboard blog site, my rail employee occupational illness colleague Rick Shapiro shares details from a major long-term study that provides compelling evidence for a link between on-the-job exposure to diesel fumes and developing and dying from lung cancer. Rick calls on railroads from Amtrak to CSX and Norfolk Southern to pay attention to the study findings and to expand efforts to reduce rail employees’ exposure to diesel exhaust. To read more, click over to “Diesel Exhaust Raises Lung Cancer Risk, Suppressed Study Shows.”

EJL

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.


NTSB: Fatal Train Derailment Could Have Been Avoided With Proper Communication

The agency recommended that Canadian Railroad and all other rail corporations update and strengthen policies and practices regarding "internal emergency communications, weather-alert policies and rules ... [and] maintenance of storm water detention ponds."

By Rick Shapiro, Attorney for Railroad Accident Victims

Failure to warn the train’s crew about a track washout, combined with a long-term refusal to fix storm water runoff problems, caused a fatal Canadian National railroad derailment in Cherry Valley, Illinois (IL). Those are the essential findings from a 20-month National Transportation Safety Board investigation into a June 2009 grade-crossing accident that caused an ethanol-fueled fire that claimed the life of one woman trapped in a nearby stopped car and badly burned several other drivers and passengers.


View a larger map of Cherry Valley, IL, where a 2009 CN train derailemnt and ethanol fire killed one and injured several.

Working with the Federal Railroad Administration and the cooperation of CN officials, the NTSB determined that the rail company knew the track had been washed away at least an hour before the deadly wreck and that at least two other storms had taken out the rails at the crossing in Winnebago County near Rockford. The agency recommended that Canadian Railroad and all other rail corporations update and strengthen policies and practices regarding “internal emergency communications, weather-alert policies and rules, tank-car vulnerabilities, inspection and maintenance of storm water detention ponds, the accuracy of train consist information, construction standards for underground pipelines at railroad crossings.”

CN has already settled combined wrongful death and injury claims from one family affected by the derailment for $36.2 million. A spokesman for the railroad also told the Chicago Tribune that his company had completely revised its weather reporting for train crews and addressed design issues at crossings in flood-prone areas. The spokesman also said, “If good things can come out of tragedy, we hope the recommendations are put into place as quickly as possible, and that they help make sure CN’s safety culture gets better.”

The real question, though, is why Canadian National didn’t take action after the previous washouts that didn’t result in tragedy. Or, since it did not, why did the company not act after a similar weather-related accident in Mississippi (MS) in April 2009 — two months before the Illinois derailment.

This blog post from fellow FELA attorney Joseph M. Miller, with whom I have collaborated in cases heard in New Orleans, provides the full details of the Mississippi crash that left an engineer severely injured. It’s worth reading, but I’ll provide the minor spoiler of revealing that CN failed to warn the engineer and other crew members that a storm had knocked a huge tree across the tracks.

NTSB’s recommendations seem particularly appropriate for the passenger and freight rail lines that operate in Norfolk and Newport News, Virginia (VA), where I practice railroad law. The tracks owned and used by Amtrak, CSX and Norfolk Southern are definitely at risk for flooding and damage from the thunderstorms, nor’easters and tropical storms that regularly buffet Hampton Roads. If CN can be taken at its word that the company has already begun implementing changes to protect crews and the public from weather-related accidents, I hope all other rail corporations do the same.

EJL

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.


Amtrak Crash, Derailment in Michigan Leaves 10 Injured

The collision with a tractor-trailer stuck on tracks at an at-grade rail crossing in Leoni Township came as news circulated that the passenger railroad and other rail companies are fighting federal rules requiring the installation of crash-avoidance technology known as positive train control.

By Rick Shapiro, Railroad Crossing Train Crash Attorney

An Amtrak engineer and conductor, a tractor-trailer driver and seven train passengers suffered injuries requiring hospital treatment when their train and truck collided in Michigan (MI) on February 1, 2012. According to the Detroit News, the passenger train making its way from Detroit to Chicago was traveling at 79 mph when it struck the semi that was stuck on the rails. An Amtrak spokesperson told the newspaper the gates and other warning systems along the Norfolk Southern-owned tracks were functioning at the tie of the wreck.

None of the reported injuries were life-threatening. Two of the Amtrak rail cars derailed and significant damage was done to nearby structures.

View more videos at: http://nbcchicago.com.

This collision at an at-grade rail crossing in Leoni Township came as news circulated that the passenger railroad and other rail companies are fighting federal rules requiring the installation of crash-avoidance technology known as positive train control. PTC allows dispatchers and route managers with emergency information about track and weather condition to remotely slow or stop trains before accidents occur.

My Virginia personal injury lawyer colleagues and I have urged railroads to adhere to existing Federal Railroad Administration mandates for deploying PTC technology on all trains and tracks by 2015, but legislation pending in the U.S. Congress would push that deadline back to 2020 — just in time for the billion-dollar corporations to seek another extension.

Amtrak, BNSF, CSX, NS and other rail companies claim installing PTC would be too expensive. These same corporations are expected to spend an estimated $13 billion on adding and upgrading tracks, rail yards and rolling stock during 2012. Those expenditures appear to be almost entirely aimed at increasing the railroads’ ever-growing record profits rather than increasing safety for rail employees and passengers.

EJL

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.


BNSF Welder Killed in Texas Yard When Hit by Rail Grinder

A railroad company spokesman told reporters the fatal January 9, 2011, on-the-job accident appears to have resulted from "some kind of miscommunication."

By Randy Appleton, Attorney Representing Railroad Employees in FELA Cases

A 57-year-old welder for Burlington Northern Santa Fe Railway Company died after being struck by and pulled under a rail grinder in a rail yard in Amarillo, Texas (TX). A BNSF spokesman told reporters the fatal January 9, 2011, on-the-job accident appears to have resulted from “some kind of miscommunication” while the rail maintenance car was being moved from one track to another so it could be repaired.

I find that statement particularly interesting because my Virginia Beach, VA-based FELA lawyer colleague Rick Shapiro recently noted  that a 3-train collision in Indiana (IN) which left two of six crew members seriously injured also seemingly resulted from a breakdown in communications. The federal Safety Appliance Act requires railroad corporations to supply employees with the equipment and training needed to ensure all workers in danger of being injured or killed stay informed of where hazards exist and how those hazards can be avoided or mitigated.

Full and proper communication can only occur when the people who must share information have the tools to do so, the understanding of when and how to communicate essential facts, and the knowledge to interpret and act on the data they receive. BNSF may be initially pointing to “miscommunication” as a means of laying the groundwork for a defense against a Federal Employers’ Liability Act or SAA lawsuit, but it and other railroads have high duties to make sure their worker can and do communicate while performing dangerous tasks.

Investigators from the Federal Railroad Administration and the Occupational Safety and Health Administration have begun looking into the causes of the deadly accident in BNSF’s Amarillo yard. Regardless of the agencies’ findings, something obviously went as wrong as it could and a man lost his life in a way that could almost definitely be prevented. When the problems with equipment or work procedures are eventually identified, BNSF and all other similarly situated rail operators must make changes aimed at ensuring such fatal accidents do not recur.

EJL

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.


Wrongfully Fired Rail Employee Wins Whistleblower Case Against Union Pacific

OSHA has ordered UP to rehire the Idaho-based worker immediately and pay the man $300,000 in compensation, lost wages and punitive damages.

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.

EJL

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.