Here’s the latest judicial decision rejecting the bogus "election of remedies" defense railroads continue to raise in Federal Rail Safety Act cases. This one is especially sweet in that it allows a worker to continue her frontal attack against Norfolk Southern Railway’s notorious practice of firing employees who report on duty injuries.

The facts are

OSHA has blown the whistle on Norfolk Southern Railway Company’s practice of disciplining injured workers based on bogus “falsification” charges. From now on, Norfolk Southern’s “falsification” strategy will cost it dearly.

In order to discourage the reporting of injuries, Norfolk Southern routinely charges injured employees with “falsifying” the injury. That is what happened to Conductor