Union Pacific Named in FELA lawsuit

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FELA & Railroad Injury

7/27/2009
Tom Foster
Comments (1)

A Union Pacific Railroad employee has filed a FELA lawsuit claiming that he developed a musculoskeletal disease after working on unsafe company equipment. The plaintiff, Albert Wickam, worked as a carman for Union Pacific since 1971.

Because of his work Wickam claimed that he was subjected to risk factors and cumulative trauma that led him to develop musculoskeletal disorders in his back and spine. According to the complaint, Union Pacific knew that the equipment and tools being used by employees were not ergonomically designed to reduce or eliminate disease risk factors.

Union Pacific allegedly failed to provide Wickam with a safe working environment and required him to perform forceful, repetitive movements with no time for adequate rest and without assistance. The heavy machinery that Wickam was required to use allegedly vibrated and jarred his back to his detriment.

Wickam’s work environment led him to suffer from permanent and disabling injuries to his back and spine. He has needed or may need surgery to correct the problems and has also suffered from physical and psychological pain as a result of his injuries. In addition, Wickam claims to have suffered anxiety, mental anguish, and suffers from limited function and severe pain.

The lawsuit contends that Wickam should be compensated for lost wages, medical costs, fringe benefits, and his impaired work ability. Wickam is seeking over $50,000 plus costs.

Labels: FELA injury FELA lawsuit

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1 Comments to "Union Pacific Named in FELA lawsuit"

Union Pacific has money. They should settle with him rather than go to the expense of a trial and take up the court's time that could be used for mor pressing cases. The outcome is going to be that Union Pacific pay him the $50,000.00 plus all costs for his lost wages, medical costs, fringe benefits and loss of his ability to work, or rather for future lost wages. The court will not leave him with nothing, as the case is very strong in his favor, as the testimony of others who have done the same type of work as he did will be shown in court along with medical testimony to show beyond any reasonable doubt that the machinery he used vibrated and jarred his back enough to cause him his injuries. This is not difficult to prove and the fact that Union Pacific is fighting his claim is a clear indication that Union Pacific is testing the Maritime Law to get a ruling that Union Pacific hopes to go in its favor so the Maritime Law as it applies to employees working in certain types of jobs do not fall under the Maritime Law.

Posted by Peter Marks on October 20, 2009 at 10:38 AM