New York, Philadelphia Railroad Workplace Injuries

Being a railroad worker is one of the most dangerous professions in the United States. Railroad workers have a one in ten chance of suffering a serious work related injury!

Under the Federal Employers Liability Act (FELA), which congress enacted in 1913, railroad companies are legally responsible for injuries and deaths sustained by their employees as a result of negligence by the railroad.

Under FELA, railroad workers are not entitled to workers’ compensation. A worker’s rights must be addressed according to the rules and regulations of FELA.

Every injured worker should discuss claims for injury either with a union representative or with an attorney who specializes in FELA law. If a settlement with a railroad cannot be reached, workers should file suit in federal or state court. A judge or jury will hear the case, and fix the terms of compensation. Workers are entitled to receive compensation for true economic loss as well as for pain and suffering.

It is the responsibility of railroads to provide its employees with workplaces that are safe. If railroads do not meet their responsibilities, they can be held liable for a wide variety of negligent actions, including the following:

Immediately following an accident, one should ask for medical attention. As soon as possible thereafter, one should see one’s own doctor.
No matter how slight an injury may be, it should be immediately reported to the appropriate, designated person at the job site. Failing to do so may jeopardize one’ chances for recovering damages.
One’s union representative should also be immediately contacted; that individual can provide valuable assistance in the investigation of an accident and help process paperwork for disability benefits.
All accident reports should be accurate and describe events in the words of the injured worker. If equipment is noted in an accident report, its ID number should be included. If another party fills out an accident report, the injured worker should not sign the report unless every piece of information in the report is accurate. An injured worker should never sign a report without first discussing it with a union representative.
An accident report should contain information about the railroad being responsible for the worker’s injury. It should list every injury suffered by the railroad worker. An accident report may be used by the railroad as evidence against the railroad worker, which is why the report should be carefully reviewed by a union representative before it is signed.

Every railroad worker has the legal right to report an accident. No one has the right to dissuade a worker from doing so. Federal regulations require that an employee’s injury be reported, if that injury requires medical treatment, or results in lost time or in restricted duty.
Every railroad worker has the right to refuse an assignment if it involves exposure to a hazardous condition. Such refusals must be made in good faith and when there are no reasonable alternatives. The hazardous condition must present the possibility of imminent death or injury and with insufficient time to remedy the condition.
Every railroad worker has the right to be examined by one’s own doctor. Company doctors are often expected to protect their companies. Company doctors can be called to testify against railroad workers. Workers should trust their own doctors only.
Every railroad worker has the right to an attorney. The railroads have their attorneys and trained claim agents, both of whom are paid to protect the interests of the railroad. A worker’s attorney exclusively represents workers, not railroads.
Every railroad worker has the right to volunteer information to a co-worker and a co-worker’s attorney who may be investigating a workplace accident. It is a federal crime for anyone to interfere with providing such information.
Every railroad worker has the right to sue the railroad for money damages. Railroad workers are not covered by Workers’ Compensation. Congress gave those workers the right to sue their employer(s) when injured as a result of workplace negligence by the railroad, its agents, or even fellow employees.
Every railroad worker has the right to have FRA regulations enforced. A railroad may not discharge or discriminate against an employee who files complaint or testifies about any violation of a Federal Railroad Safety Law. The Secretary of Transportation may not disclose the name of any whistle blower.
Every railroad worker has the right to expect that OSHA regulations will be enforced. OSHA regulations cover all railroad workers when another federal agency does not exercise authority over such workplace conditions as personal protective equipment, hazardous materials, hearing loss, welding, and lead exposure.
Every railroad worker has the right to full protection while working on railroad bridges. Under most circumstances, railroad workers are entitled to personal fall-arrest systems or safety-net systems, if they’re working on a bridge over water or are at least twelve feet above ground.
Every railroad worker has the right to be protected from injury caused by moving trains. The Roadway Workers Safety Act provides special procedures and protections for roadway workers, whether working alone or in groups, so they will not suffer injury or death caused by a moving train.

A TRADITION OF PROVIDNG UNSURPASSED REPRESENTION FOR RAILROAD WORKERS: JAMES J. McELDREW, ESQ.

As senior partner and founding member of the McEldrew & Fullam law firm, James McEldrew has developed an unsurpassed reputation as one of the foremost railroad workers’ lawyers in the Eastern United States. His excellent reputation as a trial lawyer has been built on his winning record on behalf of his railroad clients.

He is the Director of the FELA Program for the Transport Workers Union and is the designated attorney for the Transport Workers Union, Local 2001 and Local 2019 with members in Conrail, Amtrak, Metro North, PATH, CSX, Norfolk Southern, and New Jersey Transit. Additionally he has handled cases for the members of the International Brotherhood of Electrical Workers, BRAC, BMWE, IAM, and UTU. He has served as President of the Philadelphia Trial Lawyers Association and on its Board of Governors for ten years, has served on the Board of Governors and President of the Academy of Rail Labor Attorneys, and on the Board of Directors of the Pennsylvania Trial Lawyers Association. In addition, he is a member of The New York Trial Lawyers Association and the Association of Trial Lawyers of America.

He is so highly regarded as one of the country’s foremost railroad worker lawyers that he has been honored to serve as a lecturer at The George Meany School of Labor Relations where he taught union officials from around the country how to arbitrate various kinds of cases.

On behalf of unionized railroad workers, he has served as legal counsel for the Transport Workers Union, served as Director of the Federal Employers Liability Act Program for the Transport Workers Union, served as Designated Counsel for the International Brotherhood of Electrical Workers in Philadelphia, and served as Treasurer, Vice President, and President of the Academy of Rail Labor Attorneys. He has also provided distinguished service as Hearing Officer for the Disciplinary Board of the Supreme Court of Pennsylvania, and served as Master and Judge Pro Tem at the Court of Common Pleas.

In 1997, Mr. McEldrew was the recipient of a special Transport Workers Union of America award for his outstanding service and devotion to members, for his extraordinary legal abilities and for his invaluable friendship.

For his railroad clients, he has a brilliant track record of winning high six and seven figure settlements. While he undertakes to provide the best representation for his railroad clients, he also works with them in non-related FELA issues such as retirement benefits. In a decidedly skillful arbitration, he won the right of senior coach cleaners to move up to mechanics. In the famous Detroit Central Avenue Case, he won the right for the unions to prevent outside contractors from taking on the work of unionized railroad workers. By his colleagues in the legal community, he was recently voted a Super Lawyer.

Mr. McEldrew devotes a considerable amount of his time to providing pro bono work on behalf of several important charities, including the Support Center for Child Advocates, Toys for Tots, St. Christopher’s Hospital for Children, and Volunteers for the Indigent. He arranged for 100 poor families and individuals in Philadelphia to receive free legal services. For the Jamie Moyer Fund, he helped to get defibrillators into every high school in Philadelphia. He believes that as a trial lawyer and member of the community, he must devote his time and talent to the public good by helping those less fortunate, especially those who have been victimized by large corporations and bureaucracies.

Mr. McEldrew, a graduate of the Delaware Law School, is admitted to practice in the U.S. District Court, Eastern District of Pennsylvania and the U.S. Court of Appeals, Third Circuit; and the U.S. District Court, Southern District of New York; the U.S. Court of Appeals, Second Circuit, and the U.S. Supreme Court.

For further information about the firm’s extensive work on behalf of railroad workers, please click on this link: RAILROAD