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Railroad Injury/FELA
- Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas
- Teens' Deaths Raise Questions Over Controlling Pedestrian Access to Train Tracks
- Fatal Commuter Train Crash in Belgium Apparently Due to Missing Automatic Braking System
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Firm News
- Attorney Discusses Legal Tactics Railroad Companies May Take in Court
Posted on 3/9/2010 - Attorney Takes CSX to Task Over Forcing Woman to Crawl Under Trains
Posted on 2/18/2010 - Attorney Discusses Norfolk Southern Train Derailment
Posted on 2/2/2010 - Attorney Examines the Battle between Amtrak and Railroad Worker Unions
Posted on 1/20/2010 - Attorney Discusses Railroad Companies Lack of Action with Asbestos
Posted on 1/19/2010
Library
Railroad Injury/FELA
- Railroad Worker Mesothelioma/Cancers: Learn Where the Toxic Asbestos Was and When the Rail Companies Knew It Was a Problem
- CSX, Norfolk Southern, and Other Rail Companies Looking at “Greener” Engines, but Appear to Neglect Health of Rail Workers.
- Here are some results from our railroad injury and FELA cases. After you've reviewed them, give our firm a call at 1-800-752-0042 for a free case analysis.
New Railroad Tactic Seeks to Reduce Railroad Worker Injury Verdicts, Claiming a Railroad Retirement Board Payment Set off
New Railroad Tactic Seeks to Reduce Railroad Worker Injury Verdicts, Claiming a Railroad Retirement Board Payment Set off
This article discusses a new railroad employer tactic that seeks to take money out of the pockets of railroad workers who get a verdict under the Federal Employer Liability Act. The new railroad tactic is that if the railroad loses a verdict to a railroad worker for an injury or disease claim, the railroad tries to then claim back a portion of money it paid into the Railroad Retirement Board system by claiming a set off from the verdict. Apparently, beginning in about 2007, railroad defense attorneys around the country began a concerted effort to ask courts to provide railroads a credit for some of the money paid into the Railroad Retirement Board system. This novel argument had little to no basis in any law or regulation. Almost every court that has considered the issue, at least on appeal, has denied a set off against a railroad workers verdict for the railroad's contribution to Railroad Retirement Board benefits.
To allow consumers and railroad workers to see what the legal points are that we have argued in support of the railroad worker position, we are posting an entire brief that was filed with the North Carolina Court of Appeals. In this particular case, the North Carolina Court of Appeals held in favor of our client, and reversed the decision of the trial court judge which had granted a Railroad Retirement Board set off in favor of the railroad. Accordingly, the appeal court in this case, and in other cases around the country, have properly denied the railroad's claim for a set off for any of its benefits the employer paid. This means that there would be no set off or reduction of a railroad worker personal injury verdict, just because an employer paid a portion of Railroad Retirement Board payments in the past.
Our actual brief, simply eliminating the last name of the worker we represented, is set forth below, although it is noted that the brief is a public document so there is no privacy or confidentiality issue.
Click here for the entire brief.
Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, aviation and medical negligence cases and more.
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Case Results
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Railroad Injury/FELA
- Shoulder Injury requiring surgery for Locomotive Engineer
- Locomotive Engineer with Shoulder and Knee Injuries
- Railroad Conductor gets back injury due to fall in ballast depression
- Railroad conductor/back injury-surgery/Safety Appliance act Violations
- Locomotive Engine Fire causes Rail Engineer right arm and wrist surgery
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: The case was settled at mediation for $700,000.00
FAQs
Railroad Injury/FELA
- I was just diagnosed with cancer or mesothelioma. No one ever told me before that it was connected to railroad work I did many years earlier. Can I still bring a railroad injury or disease claim?
- I have already retired from the railroad many years ago, do I still have a potential claim for an asbestos cancer or mesothelioma?
- How does anyone prove that the asbestos cancer or mesothelioma arose from exposure at the railroad?
- Is there any cost for your firm to analyze my potential railroad injury case involving cancer or mesothelioma?
- Is there evidence that railroads were using asbestos insulation in the 1950s, 1960s, 1970s, 1980s, 1990s and so forth?