At Harrington, Thompson, Acker & Harrington, Ltd., we strive to keep our website visitors informed on a wide range of legal issues. Our blogs include a variety of topics for both railroad workers and the public in general. While we hope you find these posts informative, the blogs provided here should not be construed as legal advice. If you seek additional information on a specific legal subject or matter, please contact us at (800) 828-5828 to speak to an attorney who will apply the specifics of your situation to the law.
Railroad Workers in Montana – Injured Non-Resident Workers Can Sue State
In Montana, injured rail workers can sue their employer for injuries that occurred in other states, the Montana Supreme Court ruled in late May 2016. In fact, railroad workers don’t even have to be a Montana state resident in order to file a lawsuit for injuries that occurred outside of the state.
Although FELA, the Federal Employer’s Liability Act, was originally enacted to provide certain protections for railroad workers, including the ability to file out-state lawsuits against companies that do business in a specific state, a recent Montana Supreme Court ruling took that support a step further by providing greater legal plasticity for Montana railroad worker residents and non-residents to file injury claims. While some would say that such a measure equates with the practice of forum shopping, where plaintiffs select a location (country, state, county, judge, etc.) they believe the court will rule in their favor, the ruling and the flexibility it affords are currently still in place. [Read more…]
The SMART-Transportation Division will host its Eastern Regional Meeting in Chicago, Illinois on July 25-27, 2016. Chicago is an ideal location for this year’s regional meeting because it is the largest city in the Midwest and arguably the most important railroad center in North America. More lines of track radiate in more directions from Chicago than from any other city. Chicago has long been the most important interchange point for freight traffic between the nation’s major railroads and it is the hub of Amtrak, the intercity rail passenger system. Additionally, Chicago ranks second (behind New York City) in terms of the volume of commuter rail passengers carried each day. [Read more…]
Answer: No. The Federal Rail Safety Act (FRSA) expressly states that your railroad employer cannot discipline or adversely treat you in any way for your good faith refusal to perform unsafe work. The law requires first you show the following: [Read more…]
The National Highway Safety Transportation Administration’s (NHSTA) guidelines require some children to remain in a booster seat until age 12!
The recommended standards are as follows: [Read more…]
No, so long as you following the orders or treatment plan of a treating physician relating to an on-duty injury or illness. However, interpretation of the law is less clear when you are calling in sick for an illness or injury not work related. [Read more…]
Yes. In many states, the minimum amount of insurance a perrson is required to purchase under law is grossly insufficient to cover potential losses. For example, if you are involved in a car accident and the at-fault driver has the state mandated minimum insurance bodily injury coverage, it is very likely you will be limited in the monetary damages you may obtain (presuming the at-fault driver has insurance at all). In some states, that amount could be as low as $15,000.00 – which will not go far to satisfy significant medical expenses or loss of wages. [Read more…]