Author Archives: Site Administrator
How the Safety Appliance Act Enhances Your FELA Claim – Part 1
When a railroader gets injured on the job, the claim is always governed by the Federal Employers’ Liability Act (FELA). But some FELA injury cases are enhanced by the Safety Appliance Act, a federal law first enacted in 1893. Typical FELA cases require the injured railroader to prove some negligence on the part of… Read More »
Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 3 of 3
Part 3 As we discussed in Part 1, it seemed obvious that the FRSA protected railroad employees who follow their doctor’s orders for non-work related injuries. But as we learned in Part 2, some courts don’t care what a statute says – in the Bala/PATH decision the Third Circuit admitted that subsection (c)(2) of… Read More »
Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 2 of 3
Part 2 As we discussed in Part 1, it should be obvious that the FRSA should and does protect railroad employees who follow their doctor’s orders for non-work related injuries, including time off work. That’s the safe thing to do for the employees and the public, and subsection (c)(2) of the FRSA seems clear… Read More »
Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 1 of 3
Part 1 It seems pretty obvious, if you have an injury or illness outside of work, and your doctor prescribes certain treatment, the law should protect you for following your doctor’s orders. A common part of a doctor’s medical treatment plan for someone with a serious injury, is to take them out of work…. Read More »
The Boulevard Rule
The Maryland Boulevard Rule holds that motorists on a through highway have the right of way over vehicles entering the road from side streets, driveways, and similar locations. The Court summed it up pretty succinctly: “The purpose of the Boulevard Rule is to ‘facilitate the free flow of traffic on major thoroughfares by preventing… Read More »
How Much is My Auto Accident Case Worth?
One of the most often asked questions from my clients is, “how much is my case worth?” The answer is, “it depends.” There are many different factors to consider to determine the value of a personal injury case. First, it depends on your treatment. If you, for example, attend a few physical therapy sessions… Read More »
How to Unsettle an Unfair Settlement
The insurance companies and adjustors are not your friends. After an accident, they call and ask how you are doing, and they sound like they care, but they don’t. Well, they do, just not about you. They care about settling your case for a little money as possible, even if it is not fair… Read More »
Are They Going to Stop My Pain Medicine?
Current State of Affairs: It is not a secret that there is an opioid crisis in this country. In recent months there has been a push by government to help cure this crisis. There are reports that pharmacies are in short supply of many opioid medications, and many doctors have refused to prescribe them… Read More »
Mind The Gap
A few years ago, I had a client who fell down some steps at his apartment complex and injured his back. The cleaning company had just mopped the floor, but had not gotten around to putting up the wet floor signs yet. He began treating for his back, but then found himself in jail…. Read More »