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INJURIES WHILE WORKING FOR THE RAILROAD (FELA)

 Summary:

Working at the railroad is a dangerous job. Railroad employees are frequently getting injured, leaving them with broken bones and backs, strained ligaments and tendons, and the psychological damage that comes when you realize you are so badly injured that you can no longer support yourself or your family. The Robert Pahlke Law Group has handled and been called upon by attorneys from Nebraska to Florida to prepare and try cases.

Recognizing the need to do something about the injuries and deaths caused by railroads almost 100 years ago, Congress passed the Federal Employers’ Liability Act or FELA. With FELA, injured railroad employees have a tool they can use to make the railroad pay for the injuries it carelessly inflicts.

Specifically, if the railroad has violated any of the following six duties, it may be liable. The railroad must:

(1) Provide you a reasonably safe work environment, including reasonably safe tools, equipment, and safety devices,

(2) Check your work environment to make sure it presents no hazards,

(3) Train, supervise, and assist you in your job functions,

(4) Protect you from the dangerous, intentional acts of others,

(5) Enforce safety rules and regulations, and

(6) Avoid unreasonable work quotas.

If you or a loved one is injured because the railroad failed one of these duties, you may be able to seek compensation for lost past and future wages, medical expenses, and pain and suffering from the injury or death. Because FELA is an important area of law, we recommend you should find an experienced and capable attorney to handle your FELA claim. Below, you can look at the several successes The Robert Pahlke Law Group has had in making the railroad pay for the injuries it has negligently caused. Mr. Pahlke has been called up to help attorneys from Missouri , Minnesota , Wisconsin , Florida , and other states to help them prepare and try their FELA cases.

Also, before you hire any attorney, you should go over the brief and important information one of our attorneys, Dayle Wallien, has compiled in the following links. For information about how you should file your Personal Injury Report, look at FELA Injuries: What Railroad Employees Should Know About Personal Injury Reports. For other instructions on what to do after you are injured working for the railroad, look at our On The Job Or At Work Injury Checklist for Railroad Employees.

Cases:

1. Loren Lewandowski v. Burlington Northern

- The railroad failed to provide a safe place to work. Loren, a Burlington Northern employee, fell from a bridge fifteen to twenty feet onto a creek bed and suffered injuries to his knees, femur, and lower back. Railroad offered $560,000. Jury awarded $4,031,000.

2. Wayne Wagner v. Union Pacific Railroad

- Railroad violated Locomotive Inspection Act and Wagner, an employee, slipped on an icy catwalk. He suffered a disabling soft tissue injury to his back. Defendant offered $0 for settlement. Jury awarded $1,900,000.

3. Richard Whitney v. Union Pacific Railroad

- Richard, an engineer, slipped on ballast on Christmas Eve. He suffered a disabling neck injury. Railroad found 100% responsible. Jury awarded $900,000.

4. DavidSea v. Union Pacific Railroad

- Trainman David fell and struck a heater while at work for the railroad. In the fall, he suffered a nerve injury to his shoulder. Jury awarded $750,000.

5. Terry Staman v. Burlington Northern Railroad

- Exposure to noxious fumes in a diesel pit caused Terry’s occupational asthma. Settlement $361,000. Mr. Pahlke later pursued a legal malpractice case against Mr. Staman’s previous attorneys resulting in a $1.4 million verdict which was later taken away.

6. Steve Georgitsos v. Burlington Northern

- Railroad provides and negligently maintains defective hydraulic lift for employees (a machine also known as the “widowmaker”). The widowmaker collapsed and caused a trabecular fracture in the plaintiff’s spine. Confidential settlement.

7. Dave Ashmore v. Burlington Northern

- Railroad required Dave to use an old and decrepit jack hammer instead of a backhoe mounted jackhammer. Dave suffered a disabling soft tissue injury to his lumbar spine. Confidential settlement.

8. Julian Jesus Diaz v. Burlington Northern

- Burlington Northern backed over Julian, an employee, with a 36 ton boom lift. The collision caused injuries to the head and a disabling traumatic brain injury. Confidential settlement.

9. Jim Hankinson v. Burlington Northern

- Jim suffered a low back injury while using improper tools provided by the railroad. Confidential settlement.

10. Jerry Allen v. Burlington Northern

- Jerry slipped while packing grease in traction motors, resulting in a fall that caused a bilateral rotator cuff tear. Confidential settlement.

11. Douglas Green v. Burlington Northern

- A defective locomotive cab seat broke and the engineer, Doug, experienced disabling lower back injuries. Confidential settlement.

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