* Workers allegedly claimed disability to boost pensions
Disabled workers seen golfing, biking, prosecutors say
Oct 27 (Reuters) - U.S. prosecutors on Thursday charged 11 people in connection with an alleged $1 billion fraud involving hundreds of railroad workers filing false disability claims…
Looks like a ring of crooks at LIRR. Hope the Feds recover the money, unlikely as that will be. and throw them in jail. They are stealing my retirement money.
What bothers me is the headline, “US Railworkers…” when it was not all of them but only a few who happened to work for the LIRR. Also involved at least one union official and at least two doctors. Almost 500 former LIRR employees are reportedly involved, some retired, others out of service for supposed disabilities. Yes, this has been an ongoing investigation over the past several years, so in NY it is not news. The good news is that they’ve been identified and charged. In the Metropolitan area this has given the LIRR itself a black eye in the public perspective. But headlines saying “US Railworkers…” gives the entire industry an undeserved black eye.
Like many posters here, I suspect many have mixed emotions on this subject. On the job injuries are a virtual fact of life, in many industries. Particularly, here (these Forums) our attention is on the railroad industry. As hard as everyone who works in and around the railroad environment tries to be safe, and work in a safe manor, accidents will invariably happen.
Many are familiar with the acronym FELA. [Federal Employer’s Liability Act] But have no idea how it got started or why it is in use. Some know it is an area of legal practice, but that is about it.
FTA:"…Before FELA was enacted in 1908, thousands of railroad workers died every year on the job. Unlike most other workers, railroad employees are generally exempt from coverage under state workers’ compensation statutes. FELA allows injured railroad workers to recover compensation based on the negligence of the railroad company, in lieu of workers’ compensation. FELA defines negligence as the railroad company’s failure to use reasonable care.
The railroad companies have been opposed to FELA since its enactment and have tried unsuccessfully for almost a century to limit its reach or have it repealed. Instead, they have adopted a strategy of simply not paying damages due. Many injured railroad employees have gone years without compensation, even though liability has been clearly established…"
[AND CONTINUES]:"…FELA applies the concept of “comparative negligence” to all personal injury claims filed under the statute. Under a “comparative negligence” approach, the jury hears testimony about the negligent conduct of both parties–the railroad company and the railroad worker. Based on the evidence, the jury will determine what the injured party’s damages are and how much should be allocated to each party. Sometimes accidents happen not just from the railroad’s negligence but also from the worker’s too. The good thing about "comparative
The problem with the US is not laws, regulations, programs, etc. and their costs but rather the fact that there is always somebody there to twist, convolute, find loopholes, and outright steal…so now FELA and Unions and Railroad workers in general, LIRR employees in particular all get bad press and bad names. Come to think of it, for some reason, the doctors who engineered and did this will not cast the same disperssions on their craft!.