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Dr. Weiss is in private practice of forensic psychiatry and Medical Director of Delaware Valley Research Associates, Bala Cynwyd, PA; and Clinical Professor of Psychiatry, UMDNJ-Robert Wood Johnson Medical School, Camden, NJ. Mr. Farrell is a trial lawyer in private practice, representing persons in the state and federal courts of Pennsylvania, New Jersey, and nationally. A version of this paper was presented at the 2004 annual meeting of the AAPL in Scottsdale, AZ, October 2024. Address correspondence to: Kenneth J. Weiss, MD, Two Bala Plaza, Suite 300, Bala Cynwyd, PA 19004. E-mail: kweiss{at}comcast.net
Railroad and subway drivers can experience psychological trauma when trains strike or nearly miss other trains, motor vehicles, or persons or become instruments of death. Derailments, collisions, and suicides on the tracks can induce feelings of helplessness, horror, guilt, and anxiety in the drivers. Although some drivers experience acute stress disorder (ASD) or post-traumatic stress disorder (PTSD), their conditions are not always acknowledged within the occupational setting. The world literature suggests that PTSD has been an increasing focus of concern, giving rise to detailed intervention protocols. In the United States, the Federal Employers Liability Act (FELA) governs the adjudication of work-related injuries among railroad employees. In practice, it is difficult for railroad drivers with PTSD to receive benefits if there was no "direct impact" linked to the employers negligence. In this article, the authors review the literature on PTSD among railroad drivers, discuss relevant case law, and explain how the FELA militates against some employees with PTSD.
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E. A. Keram Commentary: The Zone of Danger, Physical Impact, and PTSD J Am Acad Psychiatry Law, June 1, 2006; 34(2): 200 - 203. [Abstract] [Full Text] [PDF] |
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