We are getting a lot of calls from railroad workers who are being disqualified from their job by the corporate medical department of their respective companies despite having been cleared to work by their treating doctors. In some cases, the corporate doctors, who sit at a desk at the company headquarters and have never laid eyes on the worker are disagreeing and second guessing the opinions of 4-5 treating doctors who have treated the worker in person, run a series of tests, and personally followed their progress. This is the railroad's latest tactic to reduce the workforce by bypassing the union collective bargaining agreements and trying to avoid FELA liability, because they only do this to employees whose conditions are not work related. Our firm is successfully handling these issues nationwide and there are new developments in federal laws and regulations that protect railroad workers from this abuse. Do not let the railroad run you out to pasture as a way of avoiding the legal and contractual obligations. Also, be mindful when the company nurse and medical department drag their feet on making their return to work decision after you provide them information about being cleared by your doctor. There are short windows of time to act. Stay safe out there.
While crossing accidents, derailments and death on railways have always drawn attention, the train crews often go forgotten. Post Traumatic Stress Disorder among engineers and conductors is becoming a problem. Unfortunately, railroads are not adequately addressing the issues, even though they have known for decades of the occurrence of post critical incident psychological conditions occurring among its train crews. After an accident, many crews are ordered to get back on the train and finish the trip, even though they are in a "shell shocked" state and carrying enough hazardous materials to cause the evacuation of a major city. Our firm represents and helps these train crews and has a proven record of success in PTSD cases nationwide.
We are proud of our success in the Montana Supreme Court with the help of James Ferguson of the Law Offices of H. Chris Christy, P.A. and Jamie Towe in Missoula, Montana for this decision from the Montana Supreme Court.