Chicago Personal Injury Lawyer Blog

Chicago area Metra worker Leonard Brzinski was denied recovery for injuries he suffered after falling into a sinkhole while working. Under the Federal Employers' Liability Act (FELA), a train company employee can bring suit for injuries suffered on the job due to the employer's negligence.

Brzinski arrived at work in Orland Park, Illinois, to investigate an accident. He was walking along the service road that ran parallel to the railroad tracks for the purpose of taking photographs. While he was walking, the ground gave way and Mr. Brzinski stepped into an 18-inch sinkhole with his left foot and injured himself.

Brzinski filed suit against Metra seeking recovery for his injuries. The defendant, Metra, filed a motion for summary judgment stating (1) Leonard was not one of the employees statutorily allowed to recover under FELA and (2) that Metra had no actual or constructive notice of the sinkhole that caused the injury.

The trial court granted Metra's motion on the second argument- that Leonard failed to establish that Metra was or should have been on notice of the sinkhole defect. Therefore Metra was not responsible for Brzinski's injuries.

Brzinski appealed to the Illinois Appellate Court, who affirmed the decision of the trial court. The appeals court further stated that their decision was partly because of the consequences that would occur if they did side with the plaintiff despite his lack of proof. Namely, that every railroad would be liable for damages to an employee who was injured while working for them whether it was due to the railroad's negligence or not. The court did not feel this was the intention of the FELA statute.

Continue reading "Chicago Metra Worker Denied FELA Recovery For Injuries Due to Lack Of Notice" »

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: FELA , Workers Compensation , Workers' Rights

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In a turn by the Supreme Court of the United States, the court handed down its ruling June 19, 2008 in favor of workers suing Knolls Atomic Power Laboratory for age discrimination. Notable in this decision is the fact that under Chief Justice John Roberts the Supreme Court repeatedly sided with business. Some critics even voiced concerns that the Roberts court went out of its way to side with big business, particularly in employment cases. This decision stands as a kind of reversal of that implied policy.

In Meacham v. Knolls Atomic Power Laboratory, the National Government ordered its contractor, Knolls, to reduce its work force. As a result Knolls had its managers score their subordinates on "performance", "flexibility", and "critical skills". These scores, along with points for years of service, were to used to determine who would be laid off.

30 of the 31 employees let go were at least 40-years-old. Meacham was one of those 30. The lawsuit was initiated claiming disparate-impact under the Age Discrimination in Employment Act of 1967. Disparate-impact is when an employment practice has a greater impact on one group over another. These "employment practices" can be anything from written tests, height and weight requirements, educational requirements, and subjective procedures, such as interviews. Under disparate-impact one doesn't have to prove that there was an intent to discriminate against a certain group, but just that the result is discrimination.

In this case the key issue was whether or not Knolls's basis for lay-offs was skewed according to age. The managers all scored these employees and thus used their own discretion to come up with their decisions.

Continue reading "Age Discrimination Claim Upheld by U.S. Supreme Court In Meacham v. Knolls Atomic Power Laboratory" »

Posted by Robert Kreisman | Permalink | Email This Post

Posted In: Workers' Rights

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