In August 2007, in response to the 9/11 terrorist attacks on the World Trade Center, Congress enacted a new law that amended the Federal Rail Safety Act (49 United States Code, Section 20109) whose purpose it was to protect persons working in the rail industry from retaliation for “blowing the whistle” when railroads violate federal safety statutes, laws, and regulations. (Read More)
Under the Federal Employer's Liability Act which is a specially created statute by the congress of the United States that pertains specifically to railroad workers, the railroad owes a continuing and non-delegable duty to use reasonable care to provide employees with a safe place to work. Additionally, the railroad owes a duty to provide reasonably safe, proper and suitable tools, equipment and machinery to their employees so that they can safely perform their assigned work tasks, a duty to promulgate and enforce safety rules, a duty to provide sufficient help to perform the assigned tasks, a duty to not order workers to perform work beyond their physical capabilities, as well as a duty to warn employees of hazardous and unsafe working conditions. (Read More)
The statute of limitations on FELA cases is three years from the FIRST DATE that the injured employee either actually knew of an injury or a potential injury OR SHOULD HAVE KNOWN of the injury. (Read More)
Did you know that there is a substance so toxic that it has only one "legal" use left in the United States? Let me give you a hint - the company that makes the "plugs" that repairs the last legal use isn't allowed to use the substance because its too dangerous to their workers. Let me give you one last hint - it took an exception to an act of Congress to allow the last legal use. Give up? (Read More)
Did you know that when someone called you a fathead as a child they were technically correct? In fact, we're all fat heads because our brains are mostly composed of fat. As it turns out, fat is the best way our bodies know to send and to receive an electrical impulse. Since our brains do little other than send and receive electrical impulses, the more fat in our heads the better. (Read More)
Did you know that there are very few sure things - especially when it comes to your health? For example, one study says drink coffee to avoid kidney cancer, while another says coffee causes brain tumors. But one sure thing everyone agrees on is that the "early detection" of any disease saves lives. (Read More)
If you are required to be confined in diesel locomotive cabs on a constant basis without proper protection, you very well may be being exposed to significant health risks. To understand and appreciate these risks, one must first know what diesel exhaust is and the harmful effects it can produce in the work environment. Although the harmful effects upon railroad workers of exposure to diesel exhaust has been the subject of several studies and has been known for many years, most of the railroads, unfortunately, have done little or nothing about taking preventive measures, or, for that matter, even informing their employees of the hazards. (Read More)
Did you know that if you are injured when riding in an independently contracted Van or Taxi you may not be able to collect damages under the F.E.L.A. The determination of whether or not you are entitled to collect damages involves several factors. Typically, this issue arises where either a locomotive engineer or trainman has been injured while dead-heading and travelling to or from his or her train. Usually, the mode of transportation is a van or taxi operated by a third party which is used for transporting crew members. As attorneys, we are often asked who is legally and financially responsible if that van or taxi is involved in an accident and crew members are injured. As you might expect, the answer is, "It depends". First, it depends on whether the van or taxi was, in fact, hired by the railroad and thereby acting as their agent. It secondly depends on whether the accident resulted from the negligence of driver of the van or taxi. Finally, it depends greatly upon the type and amount of insurance available from other parties to cover the injured crew members if the railroad is not at fault. (Read More)
Did you know that now more than ever, most of the major railroads, as well as various shortlines, are engaging in dirty tricks in an attempt to avoid the responsibility for the payment of damages that the Federal Employers Liability Act (FELA) mandates they must pay when their negligence causes injury to one of their employees. (Read More)
Did you know that under the General Rules of most railroads, you are only required to fill out an accident report? You are NOT required, under the rules, to give the railroad claims agent either a written or tape recorded statement even though they may likely give you the impression that you are. The reason that the railroad and their claims agents are so eager to take a statement from you is that they are asking you questions posed originally by their attorneys for the sole purpose of severely weakening your case while bolstering their own. (Read More)
According to transportation statistics, every fifteen minutes someone dies in a motor vehicle accident in the United States. Further, between the ages of 1 year old and 33 years old, a person in the United States is more likely to die from a car accident than any other cause. (Read More)
Segun las estadisticas de transportation, cada quince minutos alguien muere en un accidente automovilistico en los Estados Unidos. Ademas, es mas probable que una persona en los Estados Unidos deentre las edades de 1y 33 anos muera de un accidente deauto que de cualquier otra causa. (Read More)
As a “Construction Worker”, if you are injured on a construction site, in California you may be entitled to pursue both a Workers Compensation Claim as well as what is called a thirdparty claim, if someone other than your employer caused your accident. Unfortunately, many workers are not aware of their right to potentially bring a claim for anything other than Workers’ Compensation benefits if they are injured regardless of the fact that many construction sites contain many underlying hazards and risks that are significantly increased when there are several contractors working at the same time, some of who are in certain instances utilizing poorly trained workers that do not perform their job in a safe or competent manner. (Read More)
The filing of a Jones Act claim does not require an accident report or a recorded statement. Although management or their claims representatives may suggest to you to the contrary, the Jones Act does not require an injured Maritime Employee to give a statement in order to file a claim or seek compensation. Many times the company will immediately attempt to persuade their employees to give a recorded statement concerning the accident. In fact, in many instances this occurs at a time when the injured employee is not thinking clearly because he or she is in pain, under the influence of medications or in fact in shock and therefore his or her ability to give an accurate account of what happened to him or her is greatly impeded. Additionally many of the questions that the employee is being asked or not asked by the Company have been conveyed to management by their attorneys so that they are able to obtain a tactical advantage. Consequently under these circumstances it is best to inform the Company that because of the nature and extent of your injuries you are either physically or mentally incapable of giving a proper statement at the time. (Read More)
Working on the ocean is hazardous and the law recognizes that an employee who works on the ocean in "service of a vessel" should receive more protection than a land based worker. The most important fact for those who are injured while working for a vessel or fleet of vessels is that any career threatening injury should be evaluated for special protection status as soon as is reasonably possible. (Read More)
One of the most important rights that is often overlooked by the typical worker in the industrial or construction fields is what is called a “third party case.” Under California law, employers are responsible for employees’ injuries that occur on the job without regard to the employees’ own fault or carelessness. California law further provides that if an employee receives Worker’s Compensation benefits, generally speaking, the employee may not sue the employer for personal injuries in any legal action unless the employer intentionally injured the employee or has violated certain parts of the Labor Code. (Read More)
Uno de los derechos más importantes que son pasados por alto por el trabajador típico en el ámbito industrial o de construcción es a lo que se le llama un caso que envuelve a “terceros.” Bajo la ley de California, los empleadores son responsables por lastimaduras que ocurren en el trabajo y la ley no toma en cuenta la culpa o negligencia del trabajador. La ley de California además establece que si un trabajador recibe Beneficios de Compensación al Trabajador, en general, el trabajador no puede demandar al empleador por lastimaduras fisicas en una acción legal a menos que el empleador intencionalmente lastimó al trabajador o el empleador ha violado ciertas partes del Código Laboral. (Read More)