July 31st, 2010 | 
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HOUSTON, HARRIS COUNTY, TEXAS – Gordon & Elias, LLP, nationwide FELA lawyers, represent a 30 year old railroad employee who was working as an equipment operator at BNSF Railway’s Cicero Yard in Cicero, Illinois. On April 25, 2010, the plaintiff was operating a tractor in order to move a chassis in the yard. When the plaintiff approached the chassis that was to be moved, the dolly legs on the chassis were not raised high enough, which prevented the tractor and the chassis from properly lining up. When the plaintiff attempted to get the tractor under the chassis, the impact caused the plaintiff to be injured.
PLAINTIFF:
Plaintiff is a 30 year old machinist that resides in Burbank, Illinois. The plaintiff has not yet been able to return to work due to injuries sustained in this incident.
INJURIES SUSTAINED:
Injury to the lower back. MRI revealed herniated disks at L4-L5 and L5-S1
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 Cicero, Illinois.
COMMENTS:
Three factors must be present for an injured railroad worker to collect damages against his employer under FELA.
- 1. First, the employee must be injured while in the course of his employment. This does not mean he must be on railroad property, or actually working, at the time he is injured. Generally, under the law, the employee is protected while he is at any place off or on railroad property where he has been sent by his employer. Generally, an employee is covered from the time he or she steps onto railroad property until signing out and for a reasonable period of time thereafter.
2. The second requirement is that the railroad must be engaged in interstate commerce. Today almost all of the duties of employees of interstate railroads are in the furtherance of interstate commerce and, as a result, this issue is rarely raised.
3. The third requirement is that negligence on the part of the railroad played some part in causing the employee’s injury.
Published by FELA lawyer Gordon & Elias, LLP
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