Walk-to-work injury suit allowed

[Omaha Steve]

http://www.omaha.com/article/20091211/NEWS01/912119996

By Paul Hammel
WORLD-HERALD BUREAU

LINCOLN -- A Union Pacific Railroad conductor injured while walking to work may sue his employer for damages, the Nebraska Supreme Court ruled today.

Glenn Holsapple, Jr., hurt his knee when he stepped into a hole in an alley while walking to report to work at a Marysville, Kan., railroad yard office in 2006.

But his lawsuit against the UP was dismissed by Douglas County District Judge Russell Bowie III, who ruled that the conductor had not yet reported for work and was injured in a city-owned alleyway -- so the railroad was not liable.

The Supreme Court, however, reversed that decision and ordered the case back to district court for a trial.

The conductor's injury, the high court said, came within "the course and scope of his employment," as is defined in the Federal Employees Liability Act, which pertains to railroads.

FULL story at link.

[virgogal]

1. Ridiculous IMHO.

[DJ13]

2. Thats nuts, its the city at fault, not the railroad

Whats next, having an auto accident on the way to work is the responsibility of your employer?

[Mugweed]

3. The argument comes from "he wouldn't have been there

if he didn't have to go to work". Many people have successfully won workman comp suits for car accidents on the way to work. It's a simple argument: "I wouldn't have been on that highway at that time if I wasn't required by my employers to be at work."

[Omaha Steve]

4. One Step Further

This happened across the Midwest this week. The police stay off the street Because of ice and snow. (Iowa has it's worst statewide storm in 38 years). Your office says come in to work. So now where do you think the fault lies with an accident on the way to work?

Several Omaha workers are bound to file claims for snow accidents this week.