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Wow! That’s almost as bad as spilling hot McCoffee on yourself. I suppose the UP is going to have to run a mosquito spray train through all grassy, swampy areas it operates in before sending in any work crews!
UP could do that, but then they’ll be sued when workers fall ill due to chemical exposure.
Why isn’t this covered as a Workers Comp issue?
I always thought Workers Compensation covered Accidents and Occupational Diseases in the workplace. Why is this man able to sue as a GL issue? There must be more to this story than meets the eye.
Railroad workers are subject to FELA and not state WC laws. This allows the workers to sue under GL and are often awarded larger sums.
…”wasn’t given any repellent.” Did this man not have $2 to spend on a can of repellent? I mean my boss doesn’t supply me with every little thing. Was there some rule that prevented him for taking person responsibility and buy himself some bug repellent and protect himself?
It is all because of the entitlement society that we are living in now. It is always someone else’s fault and the employer has to foresee every eventuality in the work environment. Common sense is not part of the equation. If my neighbor down the road had a small pond in his yard and a mosquito came over from it and bit me and gave me West Nile, is he responsible for my illness? Should I sue him for $11 million?
The obvious answer is yes he is responsible as long as he owns a railroad.
Again, most of the workers (laborers) for the railroad are from distant areas from which they are working. Not everyone knows about West Nile, nor when it may or may not be an issue. Your comparison is NOTHING even remotely close to this case. Your neighbor did not pay you to work on his property. Your neighbor was not employing you and therefore would not be subject to OSHA standards and other various laws. The company had a responsibility to make sure the employee was not put in harms way. He obviously was. West Nile is a serious issue and could lead to death. Nice of you to try and put a humorous spin on a situation where an old man was doing the work he was paid to do and NOT sitting in an office judging others and who obviously has never done a bit of labor work in their life. lol
Something about this case really bugs me. I think UP has been in deNile.
I have two cousins working for the railroad currently. When they go in to areas such as this, they ARE given repellant. This is an OSHA standard, to PROTECT your workers. The fact in this case is simply the Railroad didn’t consider West Nile when sending in their workers. Railroad workers rarely work in the area in which they live. Most of the time they are in a totally different area of the country. How do you expect someone who has no knowledge of West Nile to understand it and take precautions? How do we know this man didn’t purchase and use some sort of repellant, but likely after he had already been bitten? It is easy for people sitting behind a keyboard in an office (with A/C and Heat) to complain about a labor position outdoors of which they know absolutely nothing about. This employer has a responsibility to protect their workers in whatever form of protection they need. I hope in the appeal the Jury not only upholds this award (they will, no doubt) but awards other damages as well. Not everything has come to light in this case, but the office workers reading Insurance Journal seem to have already tried this man and found him guilty. Of what? Doing his job? lol
THe only Lol here is the fact that UCT judges those working in an office for judging those who do not. UCT judges those who oppose his views and opinions – then attempts to accuse the very people he judges of someone based upon their occupation. Hypocrisy and deflection at its finest. Maybe no one here gives a hoot if it was a railroad worker or an office worker – they are only looking at the facts of the case. Were it to be an office worker, paid to come to work, who were bit by a mosquito on the way into their beautiful high rise located near some standing water that contracted West Nile, I’m sure you would rule against them in court. Quit playing the discrimination card when you’re the only one I see discriminating.
@ KDR – I did not discriminate against anyone. I am an office worker myself. My building isn’t a high rise as it is only three stories, but it’s still an office job. :)
As for ruling against people in a court of law… Where in the world would you get the idea I would do so? I commented on the post as I have family working for the Railroad and understand the work they do. Sometimes people post their comments without understanding the actual job someone does. When a worker from a very Northern state is brought to a Southern state, how do you expect them to understand, or even know, what West Nile is? Do you think a railroad laborer sits on Foxnews.com or CNN.com after work? Probably not. If you lived in North Dakota, you aren’t going to hear about West Nile like you would if you lived in Texas. The railroad, however, IS in the Southern states ALL the time. They should at least make their employees aware of the possible danger. That is why I said they are responsible.