Little-Known Federal Law Protects Subcontracted Engineer in
August, 2005, Chicago Il -- While liability for safe working conditions are not always acknowledged for a subcontracted workforce involving the federal railways, special provisions were upheld against Burlington Northern Railroad due to a little-known Federal law resulting in a recovery of $800,000 for injuries suffered on-the-job by a 39-year old Operating Engineer from Local 150.
Employed by Central Intermodal (a subcontractor for the railroad at the time), the engineer was working at the Burlington Northern rail yard at 38th and Kedzie in Chicago in 2002 when he fell, fracturing both ankles, one of which required fusion of the bone.
In the course of his job, repairing trailers and railcars, the engineer was required to access and board the top of trailers at a height that exceeded the A-frame ladders provided; a clear violation of safety regulations dictated by Ansi and Osha standards, which require a 3-foot rise above any necessary platform reach.
At the time of the accident, the engineer was attempting to dismount a trailer he had been working on using the short ladder provided him without handrails to guide his decent. The ladder tipped and he fell.
Due to their exercised control over the work environment, Burlington Northern had a duty to provide reasonably safe conditions and equipment for subcontracted laborers, including safe ladders that met all legal standards.
"Advocating for the engineer, we utilized the Federal Employee Liability ACT (FELA) as the primary law on his behalf,” said Clifford Horwitz of Horwitz, Horwitz and Associates, Ltd., adding, “We find that most attorneys are not aware of a rule that allows a subcontractor’s employee to file claims against a Railroad under the FELA. Most believe a person must be employed by the Railroad in order to benefit by the FELA provisions. However, the FELA law permits the extension of benefits to persons who are employed by contractors "subservient to the railroad", which, true in this instance, strengthened his claim dramatically."
In their defense, Burlington Northern blamed the engineer’s own negligence and improper use of the ladder resulting in the accident, and that his ability to eventually return to work was representative of less severe injuries.
While the engineer has returned to his job with Central Intermodal, Burlington Northern was responsible for failing to provide proper safety equipment, as well as for damages resulting in ongoing chronic pain and suffering that are now a part of the laborer’s workday and life.