In the landmark decision of Santiago v. Metro North Railroad, the Administrative Review Board held that Federal Rail Safety Act “Section 20109(c)(1) bars a railroad from denying, delaying, or interfering with an employee’s medical treatment throughout the period of treatment and recovery from a work injury.” The Administrative Review Board also held that a
railroad injury lawyer
“Good Faith” Reporting of Hazardous Safety Conditions
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Today’s front page article in the New York Times exposes the fundamental problem with the rail management’s safety culture. When a mayor and her fire chief went to the site of a liquid gas derailment in their town, the railroad threatened to arrest them. Describing the railroad’s response to their legitimate concern over an obvious…
A Road Map For FRSA Attorney Fee Awards
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The second Federal Rail Safety Act jury trial in the nation has precipitated a primer on the award of FRSA attorney fees. In Brig and Buchala v. PATH, the jury found the Railroad violated the FRSA when it retaliated against two workers who complained when an unscheduled train nearly struck them. Here are excerpts…
FRSA Federal Court Jurisdiction Clarified
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The latest Federal Rail Safety Act district court decision confirms that the statutory jurisdiction of the federal courts over railroad whistleblower cases can not be limited by DOL regulations or actions.
After trackmen Donald Glista and William Orr reported injuries, Norfolk Southern Railway fired them for "conduct unbecoming" and for making "false and conflicting statements." For that blatant…
FRSA Miscellany
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Here’s a Miscellany of Federal Rail Safety Act items, ranging from the United States Supreme Court to how to file in federal district court to how to award attorney fees.
United States Supreme Court Cites Section 20109
Protecting whistleblowers has deep bipartisan support in Congress, and the United States Supreme Court also goes out of…
Railroad Hearings Are Not Binding In FRSA Cases
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In a definitive decision, a U.S. Circuit Court of Appeals has barred railroads from using RLA arbitration findings to preclude Federal Rail Safety Act whistleblower retaliation cases. The Court held that self-serving railroad disciplinary hearings cannot and do not have any effect on the right of employees to sue railroads for violating the FRSA.
The…
7th Circuit Pulls the Plug on Election of Remedies Defense
By Charlie Goetsch on
Posted in Federal Rail Safety Act
For years, railroads have argued that a worker’s pursuit of collective bargaining agreement arbitration constitutes an “election of remedies” defense to a Federal Rail Safety Act claim. But after being rejected by half a dozen judges, that bogus defense was on life support. Now, in a devastating decision, the 7th Circuit Court of Appeals has…
Federal Court Decision Analyzes “False” and “Late” Injury Reports
By Charlie Goetsch on
Posted in Federal Rail Safety Act
An important district court decision spells out how to analyze discipline based on allegedly "false" or "late" injury reports. And also you can add it to the growing list of cases rejecting the hapless "election of remedies" defense still being raised by railroads in Federal Rail Safety Act cases.
Election of Remedies
After Track Department…
Use Of Safety Rules To Discipline Injured Workers Warrants Punitive Damages
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Every railroad has them. Vague safety rules that are triggered only when a worker reports an injury. In a blistering Decision, a veteran Administrative Law Judge spells out why the use of such rules mandate the award of Federal Rail Safety Act punitive damages.
Union Pacific employee Brian Petersen was leaning against his car in…