TAVORMINA & YOUNG LLP YOUR LEADER IN RAIL RIGHTS |
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Do you know your rights at the workplace? You have many, but they are of no value if you don't know what they are. Take a look at our webpage. It is the best one out there for learning aobut your rights. Go to our library and learn about the Railway Labor Act, FELA, investigation techniques, medical insurance, FMLA, Whisteblower rights, Americans with Disability, RRB and much more all of which are in short, compact video presentations at:
Tavormina & Young Library
We are the leader in workplace rights in the rail industry and we are making them availalbe to you. Spend a few mintues on this great web site.
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RECORDED STATEMENTS
The issue of giving a recorded statement to the claim agent in connection with a personal injury is as old as railroad injuries. The standard scenario is for the claim agent to insist that the injured employee give a recorded statement and tons of pressure is brought by all avenues to coerce the injured worker to give a statement. However, it is undisputed that the injured worker is not required to give a recorded statement to the claim in connection with the injury. There is no GCOR rule, no law nor any regulation that requires the injured worker to give a recorded statement to the claimant. Those who have voluntarily given recorded statements know how bad the statement hurt their case. SO DON'T GIVE A RECORDED STATEMENT TO THE CLAIM AGENT. When one is injured at work, he/she is required to verbally report the injury to a manager as soon as possible and then complete the required accident report. GCOR does not provide a time limit as to when the accident report must be completed, but it should be done as soon as possible. But, the rules do not require a recorded statement to the claim agent. However, the injured worker is required to provide additional information to an operating officer on request. For example, if the trainmaster wants more information about the facts as to how the accident happened or the injury, the injured worker is required to give it. But that does not mean that the trainmaster can interfere with the injured workers right to medical treatment and care. So if the injured worker asks to be taken to a hospital for treatment, the trainmaster may ask some additional questions, but Federal law provides that the railroad must PROMPTLY provide transportation to the nearest hospital where the person can receive appropriate medical care. Thus, if you are hurt, know that you do not have to give a recorded statement to the claim agent and you should not without the advise of counsel. Remember if you get hurt at the railroad, don't mess around. Call and get some advice before its too late. |
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DIVORCED SPOUSE ANNUITY
Last time we reported on how annuity's are calculated when a divorce occurs. Typically the divorce decree contains a provision that spells out what the employee and ex-spouse will receive by way of a formula. However, the law also provides for a DIVORCED SPOUSE annuity. This may be available to a divorced spouse regardless of the decree if the employee had at least 10 years of service (120 RRB credits) before 1995 or 5 years (60 RRB credits) after 1995; the marriage lasted at least 10 years; the divorced spouse is not remarried at the time the application is filed; both the employee and the divorced spouse are 62 years of age and the divorced spouse's social security does not exceed the amount of the divorced spouse annuity.
The DIVORCE SPOUSE annuity ends when the divorced dies; the employee dies (the divorce spouse may be entitled to a surviving spouse annuity at that time); the divorced spouse remarries; or the divorced spouse becomes entitled to Social Security Benefits greater than the divorced spouse annuity.
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TAKING PICTURES OF THE WORKPLACE
On of the really great benefits of the new law regarding electronic devices was a provision that allows employees to take pictures and video at the workplace. The law provides that an employee may take a picture of any "safety hazard" or any condition that is in violation of a rail safety law, regulation, order or standard. The law does not safety regulation and thus this would apply to just about any condition that appears to be a safety hazard. Pictures or video of these conditions can even be taken while on a moving train, by anyone other than the engineer operating the train. One cannot use a cell phone to take the pictures or video and the device must be turned off immediately after the picture or video is taken.
However, this is a great right for a railroad worker. Prior to this law there were no laws in place that provided for a right to take pictures or video of the workplace. Now there is a Federal Law that clearly provides this long needed right. A picture is still worth a thousand words and it is a great way to keep the workplace safe and to show a jury the cause of an injury.
Put a stand alone camera in your grip and keep it with at all times, to protect your rights.
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BRIEFLY
Would you like to review the OSHA manual on how to conduct a railroad whistleblower case? We have it posted on our website at: Whistleblower manual
UNION MERGER
An arbitrator has ruled that the Sheetmetal Worker and UTU merger should proceed. The arbitration award is posted on our website at:
INVESTIGATION?
Got a tough investigation coming up? Not sure what to do. Take a look at our on line video seminar NO RULES. This method teaches you how to win. Don't pass it up.
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HOURS OF SERVICE
Under the new law limbo time is limited to 30 hours per month. It does not change. Staying with a train waiting on a ride counts as limbo time.
Waiting on a room at the AFHT for more than 30 minutes is counted as time on duty for Hours of Service purposes.
If travel from the point of final release to the AFHT lodging is more than 30 minutes the time counts against the Hours of Service.
DRUG TESTING & THE HOURS OF SERVICE
An employee who is required to take a drug test can be required to exceed the Hours of Service to complete the test. However, one who is required to submit to a random drug test may not be required to violate the Hours of Service and may stop the test at the expiration of 12 hours
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Do you have your Rail Rights II book yet? If not, get it ordered. This is the best book out there for learning about your rights in the workplace. It is writtten in plain english and has hundreds of questions and answers. It covers the Railway Labor Act, The Railroad Retirement Act, The Family Medical Leave Act, The Federal Employer's Liablitity Act, Conductor Certification, the new Electronic regulations, The Hours of Service Act; the acclaimed No Rules series on winning investigation strategies and much more. You may order it online for $24.15 or you can contact our office and we will ship one to you. But no matter hurry and get your order in. Order Here
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