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Railroad safety: You can refuse to do work that violates rules


Working on a Connecticut railroad can be a rewarding yet dangerous job. Accident data from recent years shows just how hazardous railroad work can be, including derailments, collisions with motor vehicles at crossings or other mishaps (many of which were preventable) that placed railroad employees in harm’s way. The more you know about railroad safety regulations, the better you can protect yourself on the job.

The Occupational Safety and Health Administration and the Federal Railroad Administration are the two main governing bodies that oversee railroad safety in the United States. Acute injuries are common when train accidents occur; however, as a railroad employee, you may also be at risk for occupational injuries that develop over time. In either case, you are entitled to benefits under the Federal Employers Liability Act, if you suffer an on-the-job railroad injury.

FRA says you can submit good faith challenges

If you witness a potentially dangerous situation that violates procedure or notice that your employer is ignoring a safety regulation on the job, the FRA safety advisory states that you can issue a challenge. The following list explains the system that allows you to submit a good faith challenge to protect yourself from injury:

  • The good faith challenge system allows you to refuse to perform any or all on-track duties that violate existing safety regulations.
  • You may refuse to return to your duties unless and until your employer rectifies the on-track safety violation.
  • Your employer may not retaliate or cause you to fear retribution in any way for submitting a good faith challenge.
  • Your employer is also legally obligated to have written procedures on hand to resolve safety issues associated with good faith challenges.

The FRA does not cover every railroad safety situation. That’s where OSHA comes in. OSHA regulations apply to railroads and contractors as well. Under such regulations, your employer must identify safety hazards and protect you by assessing identified hazards and implementing measures to correct problem issues. Your employer must also provide proper training and equipment to keep you as safe as possible on the job.

If that doesn’t happen

The main difference between the FELA and workers’ compensation is that, as a railroad employee, you are able to file a personal injury claim against your employer for negligence. The process is often complex and stressful. This is why most Connecticut railroad workers who suffer injuries on the job that were preventable rely on experienced litigation support to present their cases.

  • $10.8 Million Verdict for a Metro-North Conductor wrongful death case. (Avery v. Metro-North RR).
  • $8 Million settlement for an Amtrak Trackman who sustained a crushed leg. (Cevasco v. National Railroad Passenger Corp.).
  • $7 Million settlement for a Metro-North Foreman whose legs were amputated. (Renert v. Metro-North RR).
  • $5.8 Million settlement for an Amtrak Conductor who sustained a head injury. (Fitzpatrick v. National Railroad Passenger Corp.).
  • $5.5 Million settlement for a Metro-North Machinist wrongful death case. (Pieger v. Metro-North RR).
  • $4.3 Million Verdict for a Metro-North Conductor wrongful death case. (Ard v. Metro-North RR)
  • $2.57 Million Verdict for an Amtrak Conductor who sustained a back injury. (Pace v. National Railroad Passenger Corp.).
  • $2.5 Million Settlement for a Metro-North employee who sustained a serious head injury.
  • Settled for a Confidential Sum for a Massachusetts Bay Commuter Railroad Company Trackman wrongful death case. (Macaulay v. Massachusetts Bay Commuter Railroad Company.)
  • $6.250 Million Verdict in 2023 which was later reduced to $2.1 Million for a Metro-North Structural Welder/Ironworker who sustained head and neck injuries and has returned to work. (Torres v. Metro-North RR).
  • $2 Million Verdict for a Metro-North Lineman who sustained an electrical burn (Curly v. Metro-North RR).
  • $2 Million Settlement in 2020 for a Providence & Worcester Railroad Company Conductor who sustained a serious head injury and returned to work for another RR as an Engineer. (Scarpa v. Providence & Worcester Railroad Company.)
  • $2 Million Settlement for a Metro-North Conductor who sustained a fractured leg.
    Settled for a Confidential Sum in 2019 an Amtrak Lineman involving an electrocution causing a permanent occupational disability. (Anderson v. National Railroad Passenger Corp.).
  • $1.85 Million Verdict for an Amtrak Ticket Agent who was assaulted. (Schneider v. National Railroad Passenger Corp.)
  • Compensatory and punitive damages Verdicts and subsequently settled for $1.8 Million in 2023 for a Metro-North
  • Conductor who suffered Post-Traumatic Stress Disorder. (Moran v. Metropolitan Transportation Authority).
  • $1.69 Million Settlement for an Amtrak Supervisor who was shot by an employee. (Cornelius v. National Railroad Passenger Corp.)
  • $1.65 Million Verdict for a Metro-North Lineman who sustained foot and ankle injuries. (Keating v. Metro-North RR).
  • $1.65 Million Verdict for a Metro-North TA Employee who sustained an Open Tibia Fracture to his left leg. (Rivera v. Metro-North RR).
  • $1.54 Million Verdict for an Amtrak General Foreman who sustained a herniated disc in his lower back. (Brady v. National Railroad Passenger Corporation).
  • $1.45 Million Verdict for a Construction Worker who sustained a left hip injury. (Quintiliani v. National Railroad Passenger Corporation).
  • $1.42 Million Verdict for a Metro-North Machinist who sustained a fractured rib and a herniated disc. (Hall v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Mechanical Gang Foreman who sustained burns from an explosion of steam on an engine. (Berry v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Carpenter Foreman who sustained a back injury. (Kendall v. Metro-North RR).
  • $1.3 Million Verdict for a Metro-North Signal Trainee Maintainer who sustained a back injury from a slip and fall. (Moran v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Signal Maintainer who sustained a back injury and post-concussion syndrome. (Manes v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Trackman who sustained crushed legs. (Murillo v. Metro-North RR).
  • $1 Million Settlement for a Metro-North Trackman who sustained burns from pot welding and subsequently returned to work. (Burke v. Metro-North RR).

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