Talk about timing. I was on trial in federal court last week in a FELA injury case. The Railroad, no doubt hoping the U.S. Supreme Court would eliminate the FELA’s long standing "even to the slightest degree" causation standard and replace it with the less favorable "proximate cause," had made a low ball offer and asked the
FELA attorney
U.S. Supreme Court FELA Oral Argument
By Charlie Goetsch on
Posted in Federal Employers Liability Act
The Federal Employers Liability Act is the law that protects rail workers who are injured or killed on the job. The most important FELA case to reach the United States Supreme Court in the last 50 years was argued this morning. At stake is whether the FELA’s long recognized standard of relaxed causation—namely, that a…
The Disastrous Result of Railroads’ Reflexive Appeal of FRSA Awards
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The first two stages of grief are denial and anger. And when it comes to the Federal Rail Safety Act, railroads still are deeply mired in denial and anger. As a result, any time OSHA’s Whistleblower Office hands down a FRSA award against a railroad, the railroad reacts with angry denial and automatically appeals…
Library of Federal Rail Safety Act Materials Goes Online!
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Rail labor attorneys, union reps, employees, and even OSHA Whistleblower investigators: Your search is ended! Everything you need to know about the Federal Rail Safety Act is now in one easy place. In response to numerous requests, I have created a web page entitled Rail Whistleblower Library.
This is a repository for information, texts, forms,…
$1.1 Million FELA Settlement Vindicates Burned Metro North Worker
By Charlie Goetsch on
Posted in Federal Employers Liability Act
Teddy Roosevelt would be proud. 102 years after he signed the original rail safety statute into law, the Federal Employers Liability Act is still doing its job: exposing the unsafe practices of railroads and holding railroads accountable for the employee injuries that result.
The sad truth is, rail managers habitually ignore their own responsibility for…
How To Deal With Railroad Claim Agents
By Charlie Goetsch on
Posted in FELA Injuries
Joe Coleman from Seattle asks whether union reps can be present when a worker gives a statement to a railroad claims agent. The real question is, why would a railroad worker NOT have his union rep present?
No way can there be ever be a level playing field between a claim agent and an injured…
A Heart Breaking Railroad Accident
By Charlie Goetsch on
Posted in FELA Injuries, Railroad Safety
Our hearts go out to the family and friends of Metro-North Railroad worker Kevin McGrath, whose life came to an end on the tracks just west of Rye Station while he was on duty January 9th. Just as every human life is unique, each fatal railroad accident like this is uniquely tragic.
As Kenny’s…