Client Wins Battle Over Whether Railroad is Employer and then Wins Large Confidential Settlement
Lipkin & Higgins represented a mechanic who fell off a ladder and broke his wrist while working for a company that performed intermodal loading and unloading operations for a railroad in the Chicago area. Although our client was not technically employed by the railroad, we filed suit against the railroad on his behalf, alleging that he should be considered an “employee” for purposes of the FELA because the railroad exercised sufficient control over his and his company’s work.
We filed suit against the railroad under the FELA, rather than just a workers compensation claim against our client’s employer, because the FELA allows for substantial damages that workers compensation does not provide. Specifically, under the FELA, railroad employees can recover damages for past and future pain and suffering, and past and future loss of a normal life (also known as “disability). These damages are not available under workers compensation
The railroad fought hard to have our lawsuit dismissed. Over a dozen depositions of railroad employees and our client’s co-workers were taken. The railroad then filed a Motion for Summary Judgment, asking the court to dismiss the case because there was no legal basis to go forward. After providing the court with our brief in response to the railroad’s motion, the court denied their motion, holding that there was, indeed, sufficient evidence to present the case to a jury at trial.
Almost immediately after the court’s ruling, the railroad asked us to mediate the case. The case eventually settled to our client’s satisfaction after an all-day mediation. The terms of the settlement are to remain confidential at the request of the railroad.
