Designated Council for BLET Division 236

Rose, Senders & Bovarnick, LLP

My firm provides legal services to railroaders and their families in Oregon, Washington and Montana. I specialize in FELA cases, tort cases, medical negligence, employment law and Oregon Workers Compensation. My partners also handle FELA, tort and medical negligence, wills and estates, real estate litigation and transactions, Federal employees' rights, and business law.

Our address, phone and fax information are:
Rose, Senders & Bovarnick, LLP
1205 NW 25th Ave.
Portland, Oregon 97210

December 6, 2007

I wanted to let you know about a series of important cases on behalf of UP employees fired for reporting injuries.

Last year we filed an FELA/retaliation case on behalf of an employee who was fired after reporting an injury. Earlier this year a Multnomah County trial judge ruled that the UP disciplinary investigations in that case were so biased and unfair that they could not be used by the UP to defend a wrongful discharge/FELA case. Then, last week, in another one of our cases, a different Multnomah County trial judge ruled that UP could not use an investigation transcript or the PLB decision in trial against an injured, fired employee, even though the PLB decision was in the company's favor! The UP decided to settle these cases with our clients after it lost these motions, after settling 5 other similar cases before them. And in yet another recent case, the UP decided not to investigate an employee at all after we threatened a lawsuit against them.

What this means is that it is becoming much more difficult and costly for the UP to use discipline to defend against our clients' FELA cases and to punish our clients for getting hurt.

If you would like further information, please feel free to give me a call or send me an e-mail.

Important Info:

The Federal Employers Liability Act was passed by Congress in 1908, for the purpose of providing compensation to railroad employees who are injured on the job. It enables injured employees to bring claims directly against their employers where it can be shown that it was the railroad's negligence that caused the injury. Negligence is defined as the railroad's failure to exercise reasonable care in its obligation to the employee. It could be as a result of not providing a safe place to work, proper tools and equipment to do the job, or adequate help or training. The courts have held that the employer's negligence does not have to be the sole cause of the accident. So long as the carrier was at fault in the slightest degree it is enough to establish the right to bring a claim. If the employee was also at fault in causing the accident the jury can reduce his award by the percentage that he was at fault. For example, if the damages totaled $100,000.00 but it was determined that the employee was 25% at fault, the net award would be $75,000.00. Under the FELA the injured employee may file a lawsuit in the state or federal courts and have a jury decide the damages, if any, to which he is entitled. Unless the claim is settled the lawsuit must be filed within three years of the date of the accident. As distinguished from state workman's compensation laws, there is no schedule of benefits, whether weekly or otherwise to which an employee is entitled. Instead there are elements that determine damages. They include lost wages, pain and suffering, permanency of injury and effect on life style, future pain and suffering, future lost wages, and out-of-pocket expenses including medical costs. Usually the damages under the FELA can be significantly greater than that which would normally be collected if under workmen's compensation. Because the FELA involves bringing a claim directly against the employer, the railroads make every effort to keep the amount they pay out as low as possible. In order to counter this, and because it is a specialized area of the law, the BLET has appointed "designated counsel" around the country to whom members can go for guidance, advice, and representation. They are all experienced in handling FELA claims.

© 2004 Brotherhood of Locomotive Engineers and Trainmen

http://www.ble.org/fela/find.asp