
By T. C. Emory, Investigator
The changing color of the leaves along my street signals winter is approaching. Cold weather is no friend to railroad switches and derails. Even the best maintained Norfolk Southern (NS) CSX, or Amtrak maintained railroad track derails and switches can become hard to operate when dropping temperatures cause metal to contract.
Railroaders should be extra careful when operating track derails and switches during cold weather due to this factor.
In the event you feel a "twinge" or believe you have suffered a personal injury to your back, neck, arms, shoulders or legs when operating switches and derails, report it immediately to a railroad supervisor.
Because of oversight by the Federal Railroad Administration (FRA) railroads such as NS , CSX, and Amtrak have a policy in place allowing you to report an injury in a "reasonable" amount of time after the injury. The catch is that the railroad decides what is "reasonable.” Many late accident reports result in a disciplinary hearing or intimidation by the supervisor—or direct threats of firing for filing what they call a “late” or “false” accident report. Do not be intimidated-federal regulations prohibit any supervisor from persuading you not to report a federally mandated injury report-late or not.
The federal law called the Federal Employers Liability Act (FELA) requires the railroad to provide employees with a safe place to work.
Should you need advice as to an on the job railroad injury please contact us, there is no charge for advice, and all inquiries are strictly confidential.
Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases. The firm's website is: www.hsinjurylaw.com , the firm edits two injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, and posts personal injury law videos on YouTube at Hsinjurylaw.
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Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455
Toll Free: (800) 752.0042
Phone: (757) 460-7776
Fax: (757) 460.3428
What is the FELA (Federal Employer's Liability Act)?
How does the FELA work?
How is the FELA different from, or similar to, workers compensation?