FELA Lawyer News Blog

HARRIS COUNTY, TEXAS – Gordon, Elias & Seely, LLP, FELA lawyers, represent a 36 year old machine operator from Guing, Nebraska, who was working near or around Bovina, Texas when he sustained multiple injuries due to the negligence of BNSF Railway Company. The incident occurred on October 7, 2007,

Plaintiff:

The plaintiff was a spiker machine operator on the operating line and system of tracks for BNSF Railway Company when he was operating an on-track spiker machine (Spiker 2) at the time of the subject incident. At that time, there was another spiker (Spiker 1) working in front of him on the same track (Main 1) and both traveling eastbound. There was another track next to them (Main 2). A westbound train started to approach on Main 2. Spiker 1 came to a stop. Due to positioning, the operator of Spiker 1 is responsible for relaying track and time information. In this case, Spiker 1 did not relay information that he had stopped. As the BNSF train was passing by, the plaintiff was blinded by a cloud of dirt. The cloud of dirt impaired the plaintiff’s vision, causing him to collide with Spiker 1.

The plaintiff sustained a torn MCL left knee, right elbow injury, injury to right wrist and back injury. He has undergone surgery to repair the torn MCL in his left knee, bursa removal to his right elbow and anterior fusion L4-L5/L5-S1.

The plaintiff has not yet been able to return to work due to injuries sustained in this incident.

Defendant

BNSF Railway Company’s corporate headquarters is located in Fort Worth, Texas. They are engaged in the business of operating and maintaining an interstate railroad transportation system. On the date of the subject incident, the plaintiff was employed by BNSF Railway Company and working in or around Bovina, Texas.

BNSF Railway Company is being sued under The Federal Employers’ Liability Act (FELA) which establishes a railroad’s legal responsibilities to its employees for work-related injuries and diseases due to railroad fault. FELA is a broad federal statute that was passed by Congress in 1908 to provide for fair and just compensation for most railroad employees injured or killed on the job due to negligence, hazardous working conditions or dangerous equipment.

In this FELA claim, Gordon, Elias & Seely seeks to hold BNSF liable for:

• Failure to provide a safe place to work.

The plaintiff is seeking the following damages:

1. Physical pain and suffering and mental anguish in the past and in the future
2. Lost earnings in the past
3. Future loss of earning capacity
4. Past and future medical expenses
5. Past and future physical impairment
6. Past and future physical disfigurement
7. Reasonable and necessary vocational rehabilitation services in the future

Plaintiff seeks recovery of reasonable and fair monetary damages for each element of damages described above.

Comments

Railroad workers who are injured on the job are not provided the prompt and certain relief afforded to injured workers in other industries by no-fault workers’ compensation laws. To recover for an on the job injury, railroad workers must prove their cases under the Federal Employers’ Liability Act (FELA), which was passed by Congress in 1908. This law requires proof that the injury to the worker was caused, in whole or in part, by the negligence of the railroad through the conduct of another railroad employee, agent, and/or contractor. Although in contrast to workers’ compensation laws the FELA requires a showing of negligence or fault, it employs the doctrine of comparative negligence, even in jurisdictions that have adhered to the common law doctrine of contributory negligence. Therefore, in FELA claims an employee who was himself somewhat negligent may, nevertheless, recover something for his/her injuries. Rather than deny recovery completely as would happen upon a finding of contributory negligence in jurisdictions still adhering to the common law contributory negligence doctrine (still applicable in several jurisdictions in ordinary, non- railroad negligence claims), FELA awards are reduced by the percentage the employee’s negligence is found to have contributed to his injury. Because of the differences between FELA cases and ordinary negligence cases in terms of the required proof and the effect of the employee’s own contributory negligence, courts have sometimes exhibited a reluctance to follow the letter and spirit of the law. The railroad industry itself has repeatedly sought Congressional action to amend, repeal or alter the FELA, seeking to substitute in its place a system similar to ordinary workers’ compensation claims. Congress has steadfastly rejected these overtures to repeal or amend the FELA, and in so doing, has reaffirmed its support for the wisdom of the law as drafted and as applied since its inception. The legislative history of the FELA and judicial decisions interpreting this law make it plain that Congress has always regarded the FELA as more than a compensation scheme for railroad workers, but also as an inducement to the railroad industry to promote safe work practices to reduce the number of injuries.

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Gordon, Elias & Seely, LLP, are top nationwide FELA lawyers representing railroad workers injured on the job who need experienced attorneys knowledgeable in the Federal Employers’ Liability Act (FELA). FELA is not workers compensation and it governs the employee’s right to recovery, governing the rights and remedies of railroad employees. For more information about FELA, TX FELA Law, and FELA rights, contact an experienced FELA lawyer through Gordon, Elias & Seely, L.L.P. For expert advice, call 800.773.6770.

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