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Blog Category:

FELA & Railroad Injury

11/17/2008
Brian Beckcom
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Union Pacific Railroad settles injury case with railroad conductor

According to published reports, Union Pacific Railroad has settled an interesting injury case with a 50-year old railroad conductor.

The employee was hurt when he slipped and fell on a patch of ice on a motel walkway.  He tore his medial and lateral meniscus in his right knee.  He suffered from loss of knee cartilage, resulting in bone-on-bone contact, severe arthritis, and will eventually need a total knee replacement.

According to the railroad conductor, Union Pacific had contracted with the motel to house employees.  Thus, the motel was an extension of his workplace. 

Under the Federal Employee Liability Act (FELA), railroads are liable for failing to provide safe workplaces.

According to the conductor, the hotel was poorly lit, lights were burnt out, and motel management failed to fix the problem even after several people complained.

The case was tried to a jury.  The jury rendered a verdict of $942,000. 

The case is styled Sigler v. Union Pac. R.R. Co., Neb., Douglas Co. Dist., No. 1035-039.

Important point

Under the FELA (and the Jones Act since the Jones Act is based on FELA) railroads (and vessel owner/operators) are liable even if the employee is not on their premises if the work is within the course and scope of their employment.


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