When Does the Work Come Without the Comp? How Railroad Workers Injuries Are Handled Under the FELA

Transcription

1 When Does the Work Come Without the Comp? How Railroad Workers Injuries Are Handled Under the FELA Michael B. Flynn, Esq. Mike Flynn is the principal partner of FLYNN WIRKUS YOUNG, a firm he founded in FWY has offices in Boston, Buffalo and Philadelphia. A seasoned trial lawyer with over 22 years of experience, Mike concentrates his practice in the areas of complex civil and commercial litigation. He serves as lead counsel for insurers and companies in highly regulated industries such as railroads, shippers and motor carriers in state and federal courts throughout the U.S. Mike is peer-rated AV Preeminent 5.0 out of 5 by Martindale-Hubbell.Mike has gained national acclaim for his success in numerous high-profile cases for his clients. His work has been featured in publications such as the MBA Journal and the Massachusetts Lawyers Weekly, where several times his victories have been noted in the Annual Report of the largest defense verdicts. Mike frequently speaks on various litigation-related topics such as trial skills and strategies, persuading juries, evidentiary matters and developments in the law to legal, claims and trade organizations, including the NARTC, the American Short Line and Regional Railroad Association (ASLRRA) and the Southeastern Claims Conference. On the cutting-edge of industry trends and technology, Mike also addresses timely issues such as FRSA/OSHA Whistleblower law and how to leverage the latest technological innovations in a legal environment. Mike graduated from the University of Massachusetts, Amherst (summa cum laude), where he played intercollegiate lacrosse and was recognized as a Commonwealth Scholar, in In 1991 he graduated from Boston University School of Law, where he was a member of the American Journal of Law & Medicine and achieved the school s highest grade in Trial Advocacy in Before founding FWY in 1998, Mike was an associate attorney at the Boston law firms of Latti Associates, Parker Coulter Daley & White, and Brister & Zandrow. He was also a special assistant district attorney with the Middlesex County District Attorney s Office in Cambridge, Massachusetts.

2 Our Passion. Your Excellence. SM

3 When Does the Work Come Without the Comp? How Railroad Workers Injuries Are Handled Under the FELA MICHAEL B. FLYNN, Esq Work Related Injuries Workshop The Conference Center at Waltham Woods Waltham, MA COPYRIGHT FLYNN WIRKUS YOUNG, P.C. MMXIV ALL RIGHTS RESERVED

4 Federal What Employers' is The FELA? Liability Act 2014 Work Related Injuries Workshop

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10 U.S. SUPREME COURT: "railroad is liable if negligence played any part, HOWEVER SLIGHT, in causing the injury" 2014 Work Related Injuries Workshop

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12 Safety Appliance Act 2014 Work Related Injuries Workshop

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15 Locomotive Inspection Act 2014 Work Related Injuries Workshop

16 STRICT LIABILITY VIOLATION/DEFECT + CAUSATION ("HOWEVER SLIGHT") = LIABILITY 2014 Work Related Injuries Workshop

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28 MEDICAL CAUSATION asbestos asbestos OR cigarettes? diesel fumes repetitive micro-trauma OR arthritis? hearing loss carpal tunnel syndrome RSI/MSD 2014 Work Related Injuries Workshop

29 Employer-provided Benefits Wage Continuation (Collective Bargaining Agreement) work-related injury insurance/medical bill payments Railroad Retirement Board Sickness Benefits - Railroad Unemployment Insurance Act (RUIA) Occupational Disability RRB lien on lawsuit recovery 30/60 retirement - full pension at age Work Related Injuries Workshop

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32 THANK YOU COPYRIGHT FLYNNWIRKUSYOUNG, P.C. MMXIV ALL RIGHTS RESERVED This presentation is protected under the laws of the United States. Its unauthorized depiction, distribution, exhibition or reproduction may result in civil liability and criminal prosecution. This presentation is the intellectual property of FLYNN WIRKUS YOUNG, P.C. Some of the materials contained herein may have been taken from the public domain subject to the fair use doctrine, or have been reproduced by permission, and in either case are the property of their respective owners. The use, reproduction, dissemination and/or distribution of this presentation or the materials contained herein, without the expressed, written consent of FLYNN WIRKUS YOUNG, P.C., or the owner of any of the materials used herein, is strictly prohibited.