Announcement

Collapse
No announcement yet.

Ignoring injuries

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ignoring injuries

    Hi;
    I am hearing of A LOT of rails ignoring injuries or even reporting them as off duty injuries. WHY? Because these lawyered up railcorps have made life so miserable for the injured employee that it is simply not worth the trouble if it is not a career ender. What say you FELA guys?
    Blizz
    Last edited by blizzard07; 02-12-2010, 09:50 PM.

  • #2
    Dear Blizzard-

    The job market is not the best that it could be; making a claim certainly invokes the scrutiny of the company on almost everything you do; kids to feed, bills to pay, roof to keep over your family's head; sustaining a compensable injury but not a career ending injury.....those are the reasons you hear about this.

    Is it right? No. If the company finds out about your "off the job injury" will they still mess with the employee? Maybe/Probably. Are the Unions helpful, with all due respect to all the Unions, they sometimes cannot be effective on "selective prosecution" situations.

    Before we take a claim, we explain all of this as a potential and often times the person elects not to "come out" in the open with their injury. If, on the other hand, there is an injury that would take them out, the employee should go forward but...guess what.....even then the fear of losing still keeps some at work when they medically should not be working. Add to this, a general "distrust" towards lawyers, DLC & Non-DLC included, or the entire "justice system for that matter, and you have the recipe for the cake you described.

    Steve
    Steve Gordon
    Gordon, Elias & Seely, L.L.P.
    FELA Lawyer
    FELA Lawyer Blog
    Serving Injured Railroad Employees Nationwide
    Call for a FELA Lawyer 24/7/365
    800-773-6770

    Comment


    • #3
      FELA FELLA;

      Well I wonder if the guy below feels that 80k was enough to compensate for the hell he has been through? I doubt it. And he was one of the few lucky ones. Terror tactics are now commonplace in the industry and for the most part the Federal agencies turn a blind eye-which is the same as tacit approval. Are railroad workers now the most savagely persecuted minority group in the country?
      Blizzard '07





      OSHA News Release: [02/11/2010]
      Contact Name: Rich Kulczewski
      Phone Number: (303) 844-1302
      Release Number: 10-0157-KAN

      Illinois-based railroads ordered by US Department of Labor to compensate employee fired for reporting work-related injury

      KANSAS CITY, Mo. — The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has ordered the Illinois Central Railroad Co. and the Chicago, Central & Pacific Railroad, both headquartered in Homewood, Ill., to pay a former railroad employee more than $80,000 in back wages, compensatory damages and attorney's fees.

      OSHA investigated the employee's allegation that the railroads terminated his employment in retaliation for reporting a work-related injury he sustained while performing his job. OSHA's investigation found that officials from both railroads ordered an investigation into the cause of the employee's injury, which ultimately resulted in their decision to terminate his employment. The evidence showed that the employee was in compliance with the railroads&' rules governing the reporting of work-related injuries and not at fault for his injury.'

      "An employer does not have the right to retaliate against its employees who report work-related injuries," said Charles E. Adkins, OSHA's regional administrator in Kansas City. "While OSHA is best known for ensuring the safety and health of employees, it is also a federal government whistleblower protection agency."

      As a result of the investigation, OSHA ordered the railroads to pay the employee a total of $80,453 that includes $57,587 in back wages and interest, $10,000 in compensatory damages and $12,866 in attorney's fees. The railroad carriers further were ordered to provide whistleblower rights information to their employees. Either party in the case can file an appeal with the U.S. Labor Department's Office of Administrative Law Judges.

      OSHA conducted the investigation under the whistleblower provisions of the Federal Rail Safety Act (FRSA) as amended in 2007 by the "Implementing Recommendations of the 9/11 Commission Act." Railroad carriers are subject to the provisions of the FRSA, which protects employees who report violations of any federal law, rule or regulation relating to railroad safety or security or who engage in other activities protected by the act.

      OSHA enforces the whistleblower provisions of the FRSA and 16 other laws protecting employees who report violations of various securities laws; trucking, airline, nuclear power, pipeline, environmental, rail, workplace safety and health regulations; and consumer product safety laws. Detailed information on employee whistleblower rights, including fact sheets, is available online at: Office of the Whistleblower Protection Program (OWPP). Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.

      Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit Occupational Safety and Health Administration - Home.

      Note: The U.S. Labor Department does not release names of employees involved in whistleblower complaints.

      --
      You received this message because you are subscribed to the Google Groups "Railroad Workers United" group.
      To post to this group, send email to RailroadWorkersUnited@googlegroups.com
      To unsubscribe from this group, send email to RailroadWorkersUnited-unsubscribe@googlegroups.com

      Comment


      • #4
        Blizz, I wonder how long this guy was off before the verdict? $57,000 in back wages interprets into a lot of missed time. Unless he went straight out and found a good job, I highly doubt 80,000 would have dug him out of the financial hole that injury put him in.

        We were having a conversation about this last night. It is "common knowledge" that you just dont report an accident unless you have no choice. And if you do, its only a matter of time before the company will single you out and fire you for something petty.

        I feel that as long as you live in that kind of fear, dont ever expect conditions to improve. They wont. If youre just a general screw up or trying to get hurt on purpose, I DONT WANT YOU WORKING WITH ME! But if you have a legit claim, you shouldnt have to hide it until you can get home and claim it happened "in the shower".

        my 2 cents.
        All postings by BadOrderKing are public information, works of fiction, sometimes resembling the rants of a madman and in no way should be construed to represent the positions, views, or thoughts of any particular railroad carrier. No one listens to him anyway.

        Comment


        • #5
          BOK;
          You shouldn't have to hide injuries but you damn well better if you know what's good for you! This is the reality of the situation on the nation's railroads, and how is it we woke up one day and we were living in a police state?
          Blizz
          PS. Another word to the wise; avoid working with screwups and scammers like the bubonic plague!
          Last edited by blizzard07; 02-15-2010, 08:05 AM.

          Comment


          • #6
            Originally posted by blizzard07 View Post
            BOK;
            You shouldn't have to hide injuries but you damn well better if you know what's good for you! This is the reality of the situation on the nation's railroads, and how is it we woke up one day and we were living in a police state?
            Blizz
            PS. Another word to the wise; avoid working with screwups and scammers like the bubonic plague!
            I will try my best. We dont have any, that I know of, but people like that will get me hurt. Despite that I dont want to have to hide my injury..... I frankly dont want to get hurt.
            All postings by BadOrderKing are public information, works of fiction, sometimes resembling the rants of a madman and in no way should be construed to represent the positions, views, or thoughts of any particular railroad carrier. No one listens to him anyway.

            Comment


            • #7
              BOK;
              Best solution is to avoid injury in the first place and the best way of doing that is to avoid risky situations and risky people. Fuggem! You still need a measure of luck to get through these series of booby traps the railroads have set for you-one man crews, worn equipment, bad signals, dangerous neighborhoods etc and etc. Paranoid yet? Well the GVT is also against you, has done nothing to restrain the white collar criminality that runs rampant in this industry, and has thoroughly rigged the legal system in favor of the corp. The FELA lawyers are a joke and only care about your situation when it is too late. Settlements are way down as the RR lawyers are expert in "blaming the pin puller," and we are back to the days when you see destitute railroad cripples in screwed for life situations. In short; DO NOT get a serious whack out there!
              Blizz
              PS. 80k is nothing to the white collar criminals who run the RRs. This will change nothing.
              Last edited by blizzard07; 02-15-2010, 11:08 AM.

              Comment


              • #8
                Some FELA lawyers are no joke. It is the railroad (your employer) that has caused the situations that you raise. You obviously have some displaced hostilities.
                Steve Gordon
                Gordon, Elias & Seely, L.L.P.
                FELA Lawyer
                FELA Lawyer Blog
                Serving Injured Railroad Employees Nationwide
                Call for a FELA Lawyer 24/7/365
                800-773-6770

                Comment


                • #9
                  FF;
                  That was quick-no hostility here, just a statement of fact. You must admit that the job of the good FELA atty has gotten much harder? From the look of these destitute RR cripples I used to work with it seems that you guys have become massively outclassed.
                  Blizz

                  PS. And don't worry about losing business as right now the competent employees of the RRs are clustered together like Musk oxen in protective circles against the wolves. The fools and the new guys are all banging around out there together with predictable results.
                  Last edited by blizzard07; 02-15-2010, 11:33 AM.

                  Comment


                  • #10
                    Dear Blizzard- When I speak about someone's livelihood, I speak with them about what WE will do and I do not talk in generalities about what other law firms will do. The railroad cannot out spend our firm and they, I assure you, do not bring the level of zeal to representing our client that we bring. "Outclassed"...hell no.

                    Steve
                    Steve Gordon
                    Gordon, Elias & Seely, L.L.P.
                    FELA Lawyer
                    FELA Lawyer Blog
                    Serving Injured Railroad Employees Nationwide
                    Call for a FELA Lawyer 24/7/365
                    800-773-6770

                    Comment


                    • #11
                      Originally posted by FELA FELLA View Post
                      Dear Blizzard- The railroad cannot out spend our firm and they, I assure you, do not bring the level of zeal to representing our client that we bring. "Outclassed"...hell no.

                      Steve
                      Steve;
                      So you are NOT faced with a "David vs. Goliath" situation? You must be litigating against class 2s? If not leave your card on this thread as it is a fact that people are being destroyed out there.
                      Blizz

                      Comment


                      • #12
                        Dear blizzard-

                        I have the day from hell today. I also do not like the concept of touting our own horn as I believe that the proof is in the pudding. We take on every Class I and our clients have all been very pleased with their outcomes but there are no guarantees in life. I will just leave it at that.

                        Steve
                        Steve Gordon
                        Gordon, Elias & Seely, L.L.P.
                        FELA Lawyer
                        FELA Lawyer Blog
                        Serving Injured Railroad Employees Nationwide
                        Call for a FELA Lawyer 24/7/365
                        800-773-6770

                        Comment


                        • #13
                          Originally posted by BadOrderKing View Post
                          Blizz, I wonder how long this guy was off before the verdict? $57,000 in back wages interprets into a lot of missed time. Unless he went straight out and found a good job, I highly doubt 80,000 would have dug him out of the financial hole that injury put him in.
                          The way I read the article, that settlement was only for being improperly/illegally terminated for reporting the injury. Hopefully he still has a FELA case for the injury itself. Still, a lot of guys do get in a financial bind while waiting for settlements for on duty injuries.

                          Comment


                          • #14
                            Originally posted by FELA FELLA View Post
                            Dear blizzard-

                            I have the day from hell today. I also do not like the concept of touting our own horn as I believe that the proof is in the pudding. We take on every Class I and our clients have all been very pleased with their outcomes but there are no guarantees in life. I will just leave it at that.

                            Steve
                            Steve;
                            Well can you give us a hint as to the firm you work for and out of what city? This could be a matter of life and death for someone out there.
                            Blizz

                            Comment


                            • #15
                              As for FELA attorneys, it should be obvious that they do not have a vested interest in being proactive about our safety and PREVENTING injuries in the first place. Just the opposite. The cold hard truth is that they really do care only after we have been injured. Otherwise, if there were no injuries, they would be out of a job.

                              Comment

                              Working...
                              X