May 17, 2012

Supreme Court declines to weaken FELA

WASHINGTON — In a 5-4 decision, the Supreme Court June 23 declined to tighten the standard of proof injured rail workers must demonstrate to win an award under the Federal Employers’ Liability Act (FELA). The ruling is a significant victory for injured rail workers. The FELA — a railroader’s most cherished workplace safety assurance — [...]

AAR confirms FELA saves lives

Rail operating employees know the Federal Employers’ Liability Act (FELA) saves lives by forcing railroads to address safety problems carriers might ignore if the penalty were no more than the equivalent of a parking ticket. Confirmation now comes from the Association of American Railroads (AAR), which speaks for the carriers. A July 29 presentation by [...]

Happy 100th birthday, FELA

By Mike FutheyInternational President A railroader’s most cherished workplace safety assurance is the Federal Employers’ Liability Act (FELA), which turns 100 years old this month. Railroading is among the most dangerous occupations in America. In an industry that too often puts profits ahead of safety, the FELA is a powerful prod to improved workplace safety. [...]

Must I see doctors chosen by the railroad?

FELA Update By Mark Allen Coordinator of UTU Designated Legal Counsel I frequently hear about injured railroad workers who are confused by statements made to them by railroad claims department persons or supervisors that if they don’t see doctors chosen by the railroad, their medical bills won’t be paid. Let’s be clear. You have the [...]

Proving negligence under FELA

FELA Update By Mark Allen Coordinator of UTU Designated Legal Counsel The Federal Employers’ Liability Act (FELA) was enacted by Congress in 1908 to give railroad employees the right, under federal law, to recover damages from their employers for injuries occurring at work. However, generally, there must be proof of negligence on the part of [...]

What are my rights if I’m injured in a hired van?

By Mark AllenCoordinator of UTU Designated Legal Counsel Railroad workers sometimes jokingly say they spend more time in vans than trains as railroads transport their workers using contract limousine services. As agents of the railroad, these companies may be held to the same legal standard as the railroad if their negligence causes injuries. It is [...]

UTU Designated Legal Counsel Rules of Conduct

All Designated Legal Counsel (DLC) shall agree as a condition of becoming or remaining a DLC that he or she will be subject to and fully comply with the Rules of Conduct. Each DLC shall, as a condition of becoming or remaining a DLC, shall specifically in writing waive any and all recourse to any [...]