ARTICLES

STATUTE OF LIMITATIONS ALERT!
by Jay Kaplan

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)

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Creosote Exposure and Early Detection
by Jay Kaplan

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)

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Railroad Worker's Exposure to Solvents at Work
by Jay Kaplan

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)

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Diesel Exhaust Exposure and Early Detection
by Jay Kaplan

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)

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What You and Your Spouse Need to Know About FELA
by Jay Kaplan

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)

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Beware Locomotive Exhaust
by Jay Kaplan

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)

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Employees being transported by independently contracted vans or taxis
by Jay Kaplan

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)

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Dirty Tricks
by Jay Kaplan

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)

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Accident Reports
by Jay Kaplan

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)

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Important Facts You and Your Spouse Should Know
by Jay Kaplan

(READ MORE)