Virginia and the railroad have a long history together, and that history has shaped both the industry and the lawyers who represent the people it injures. Norfolk & Western Railway, now Norfolk Southern, was based in Norfolk, Virginia for generations, and our office sits about 20 minutes away. CSX Transportation, built from the old Atlantic Coast Line, Seaboard, and a […]
Virginia’s Railroad History and What It Means for Injured Rail Workers
The Safety Appliance Act: A Powerful Tool in Railroad Injury Claims
Our Virginia personal injury firm has handled many railroad worker injury cases that turn on the Safety Appliance Act, or SAA, and other federal railroad regulations like the Locomotive Inspection Act. What we see again and again is that injured railroaders often have no idea one of these safety statutes even applies to how they got hurt. That gap in […]
Why Vocational Evidence Can Make or Break a Career-Ending FELA Claim
A settlement handled by a law firm in California shows just how much goes into a serious railroad injury case, and why the right kind of testimony can decide its outcome. The injured worker was a 33-year-old train conductor. He fell from a rail car, and the car crushed his left foot. What started as a partial amputation of the […]
Rule G Explained: Alcohol, Drugs, and Your Rights as a Railroad Worker
The rule is short and unforgiving. For an on-duty railroad worker, the legal limit for blood alcohol concentration is zero. Not 0.04, not a trace. Zero. Anyone who would register a BAC above 0.00 has no business in a rail yard when the shift whistle blows. The same goes for drugs. Workers on the clock cannot have any measurable amount […]
What Railroad Workers Need to Know About FELA Claims in Virginia
Railroad work has always carried real risk, and the law that protects injured rail workers reflects that. The Federal Employers’ Liability Act, known as FELA, gives employees of freight and passenger railroads engaged in interstate commerce the right to pursue compensation when they’re hurt or made sick on the job. It also covers occupational illness claims, not just sudden accidents. […]
Proving a Railroad Cancer Claim Doesn’t Require an Exact Dose
Railroad workers who develop cancer after years around diesel fumes, asbestos, or radiation often ask the same question. How do you prove exposure to a disease-causing amount of something when nobody was measuring it at the time? Railroad defense attorneys ask a version of the same question from the other side, usually hoping the answer is that quantified proof is […]
How the FELA Statute of Limitations Works
The Federal Employers’ Liability Act, commonly known as FELA, is the federal law that gives railroad employees the right to file a lawsuit when they are injured on the job. Unlike state workers’ compensation systems, FELA allows injured rail workers to bring a negligence claim directly against their employer and have a jury decide the case. Workers’ compensation caps benefits […]
Railroad Injury Claims in Virginia: What Workers Need to Know About Filing Under FELA
Virginia is railroad country. Norfolk Southern has been based in Norfolk for decades. CSX Transportation, which grew out of the old Atlantic Coast Line and Seaboard railroads, is still a Virginia corporation, even though its operations are now run from Jacksonville. Amtrak routes crisscross the state, with principal offices just across the northern Virginia border in Washington, D.C. The result […]
Are Remote Control Operations Hurting Railroad Workers?
Remote control locomotive operations were supposed to make railroad yards safer. Instead, they created a whole new category of injuries. The technology allows a conductor to move locomotives and rail cars around a switching yard using a handheld transmitter, rather than an engineer sitting in the cab. It has been in widespread use since the early 2000s, primarily on freight […]
Filing a FELA Claim After Asbestos Exposure
Mesothelioma is a cancer that forms in the lining of the lungs. There is no cure. The five-year survival rate is around 15 percent. And in nearly every case, it is caused by inhaling asbestos fibers, sometimes from exposure that happened 20, 30, or even 40 years before the diagnosis. For railroad workers, that exposure was not accidental. It was […]