Shapiro, Lewis & Appleton
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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.
About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.
Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.
In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.
We would like to send you one of our free reports about railroad injury and FELA cases, including Dos & Don'ts When Injured at a Railroad: Your FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).
While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.
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