FELA Lawyer News Blog

HARRIS COUNTY, TEXAS – Gordon, Elias & Seely, LLP, FELA lawyers, represent a Victoria, Texas railroad employee who sustained a lower back injury due to the negligence of Union Pacific Railroad.

The plaintiff is a 34 year-old machinist who was working for Union Pacific Railroad around Vanderbilt, Texas near mile post 240.

The incident occurred on October 7, 2009. The plaintiff was traveling northbound on the track from Placedo to Vanderbilt, Texas with a tamper machine following behind being operated by another employee of Union Pacific.

Adhering to UP policies, the plaintiff radioed the tamper operator that he was approaching the switch where they had previously discussed stopping. The tamper operator acknowledged this radio communication. The plaintiff began to exit his machine when suddenly, the tamper crashed into him.

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

Union Pacific 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 UP liable for:

• Failure to properly perform work in a safe manner and/or failure to properly train railroad employees to do work safely
• Failure to provide a safe place to work.

The plantiff 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

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

---

Gordon, Elias & Seely, LLP, is a top nationwide FELA lawyer law firm representing railroad workers injured on the job who need experienced lawyers 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, Texas FELA Law, and FELA rights, contact a FELA lawyer through through Gordon, Elias & Seely, L.L.P. for expert advice. Call 800.773.6770.

Comments are closed.