Myers Lafferty Personal Injury Blog

Philadelphia

New Report Shows Unions Benefit All Workers, Not Members Alone

The Economic Policy Institute recently issued a report linking the decline of unions to decreased earning power of American workers – union and nonunion – over the past several decades. It’s an issue that should be of critical importance to anyone who works for a living, regardless of whether they belong to a labor union. While the report freely admits that several factors have led to wage stagnation since the 1970s, it does make the case that union erosion is responsible for about one-third of the growth of wage inequality for men and one-fifth of that for women. The study…

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BREAKING NEWS: Amtrak 188 Crash Victims Have Been Awarded $265 Million in a Settlement

Amtrak 188 crash victims have been awarded $265 million in a settlement. A Federal Court judge released the details of the settlement earlier today. There are more than 125 cases from the May 12, 2015, Amtrak train accident that killed eight people and injured more than 200. The train, which was bound for New York City through Philadelphia, broke apart after leaving the rails at more than 100 mph. Some cars were crushed, others overturned and still others split in pieces. According to personal injury and train accident attorney, William L. Myers, Jr., of Myers Lafferty in Philadelphia, “The $265…

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How to Identify Union-Made Halloween Candy

The weather is getting cooler, the leaves are changing colors, and pumpkin spice is everywhere. That can mean only one thing: Halloween is just around the corner. When choosing treats to hand out to your neighborhood’s little witches and werewolves, make sure to select union-made snacks to guarantee the highest quality, as well as to show your support for fair labor practices. The best choices come from the Bakery, Confectionery, Tobacco Workers, and Grain Millers International Union (BCTGM), United Food and Commercial Workers (UFCW), and – if you’re looking for healthy snacks like fruit and nuts – the United Farm…

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After the Hoboken Train Crash: How Do I File a Claim against NJ Transit?

On the morning of Sept. 29, 2016, passengers of NJ Transit train No. 1614 were involved in an unthinkable event. Their routine morning turned deadly when their commuter train crashed into the Hoboken train station. This resulted in the tragic death of one woman, while more than 100 people were injured. Each of the people affected by the Hoboken train crash has the right to hold NJ Transit accountable. New Jersey Transit is a state-owned transit authority, and, therefore, a public entity. Because it is a public entity, passengers must file a notice of tort claim within 90 days of…

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NJ to Investigate Hoboken Train Crash

The State of New Jersey has announced that it will investigate NJ Transit and its leadership in light of the Hoboken train crash that occurred on Sept. 29, 2016. According to The Record, “Moments after they approved a gas-tax increase that may give NJ Transit a brief reprieve from its deep budget woes, state legislators announced plans … to investigate the agency.” The New Jersey state auditor will lead the investigation of NJ Transit’s safety practices. The Record also notes that “Days after the crash, a U.S. official leaked news to the Associated Press that the Federal Railroad Administration had…

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Prohibited Railroad Activities Under FRSA Whistleblower Amendments

In a previous blog, we addressed the protected activities of railroaders under the Federal Railroad Safety Act (FRSA). In this post, we want to help railroad workers understand the activities that railroad employers are prohibited from undertaking. The Whistleblower Amendments prohibit an interstate railroad (including its officers and employees) from taking any adverse personnel action against a railroad employee who engages in protected activity. In addition to discharging, demoting, suspending and reprimanding employees, the adverse personnel actions that railroads may not engage in include: Denying medical treatment Interfering with medical treatment Delaying medical treatment Denying benefits Intimidation and threats Laying…

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Protected Activity for Railroad Workers Under the FRSA

The Whistleblower Amendments to the Federal Railroad Safety Act (FRSA) provide that if an employee of an interstate railroad engages in a “protected activity,” his or her employer “may not discharge, demote, suspend, reprimand, or in any other way discriminate against a railroader, if such discrimination is due, in whole or in part” to the employee’s engaging in that protected activity. 49 U.S.C. §20109. Under the Whistleblower Amendments, protected activity includes, among other things: Reporting a work-related injury or illness Requesting medical treatment or following the orders of your physician Accurately reporting hours on duty Refusing to violate a federal…

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Federal Railroad Safety Act Protects Railroad Workers

The Federal Railroad Safety Act (FRSA) was amended in 2007 to include new rights and remedies to railroaders, to protect them from retaliation by their employers. The FRSA was amended again in 2008 specifically to prohibit railroads from disciplining their employees for requesting medical treatment or for following their physician’s orders. Congress passed these amendments because it was concerned that rail carriers were pressuring employees not to report injuries and accidents. Federal Railroad Safety Act Whistleblower Provisions Under the whistleblower provisions of FRSA, a railroad may not “discharge, demote, suspend, reprimand, or in any other way discriminate against an employee…

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The Importance of a FELA Attorney

The International Brotherhood of Electrical Workers (IBEW) District 4 held the annual meeting last week in Myrtle Beach, South Carolina.  During the event, Attorney Bill Myers took the opportunity to address the group on the importance of hiring an experienced FELA attorney when railroad workers are injured on the job.  Only a select group of attorneys have the experience to handle railroad cases as they are governed by FELA. What is FELA? The Federal Employers Liability Act (FELA) was put in place in 1908.  It states that when injured, railroad workers have the right to sue their employers for compensation…

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Union and Management Disputes Set the Scene for the Amtrak Crash in Chester

The April 3 Amtrak crash in Chester that caused the death of two track workers and injuries to 30 passengers (Amtrak’s fourth accident with an employee fatality in three years) exposes many difficulties that management and track workers are having working together and communicating, according to an article in the Wall Street Journal (WSJ). Sources told the newspaper that management and union officials disagree how to keep employees and riders safe. There appears to be no lack of issues that may have contributed to the accident. A former Amtrak non management supervisor accused management of pressuring workers to finish tasks…

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