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More than $1 million has been awarded to a Norfolk Southern Railway worker for injuries he suffered as a result of a job-related accident in a railroad yard.
Plaintiff Winfred E. sued for damages under the Federal Employers’ Liability Act (FELA) after sustaining a back injury believed to decrease his work expectancy by more than 6 years. Winfred named his employer Norfolk Southern Railway Company and Professional Transportation, Inc. (PTI) as responsible for the collision that occurred on Jan. 28, 2011.
According to the FELA lawsuit, conductor Evans was in a PTI van traveling to a work assignment in an Atlanta railroad yard at the time of the crash. Video footage from the train along with testimony showed the jury that the PTI van turned in front of an oncoming train that was traveling at 10 miles per hour.Â
The jury ruled in favor of Evans and found that his employer Norfolk Southern was 80 percent at fault, while the transportation company PTI was 20 percent to blame. Evans was awarded the amount of $998,127 under FELA and $1,209,615 under Georgia’s state law claim against PTI.
FELA Lawsuit Overview
After reviewing video and testimony, the defendants in the FELA lawsuit did accept some responsibility for the collision. However, they argued that Evan’s injuries were not as extreme as he alleged.
They claimed that Evans’ merely sustained back strain that had healed already. However, the plaintiff’s friends, family and treating physicians confirmed that Evans continues to suffer from muscle spasms, limited range of motion and numbness of the feet as a result of the accident.
The jury awarded more than $1 million in damages to Evans but the judge ruling over the case has yet to issue actual judgement.
What is the Federal Employers’ Liability Act?
FELA was passed by Congress in 1908 and revised in 1939 as a way to protect railroad employees from on-the-job injuries, accidents and deaths. If an employers’ negligence is found to play a part in causing a railroad worker to suffer injuries, the railroad company can be held liable for damages.
Families of railroad workers who are killed while working may also be able to file a FELA lawsuit. FELA covers freight railroad workers, commuter railroad employees and Amtrak workers.
FELA allows workers to receive financial compensation for injuries that occurred on the job, lost wages, medical expenses, as well as pain and suffering. Before the law was enacted it was rare that railroad employees or their families could receive any compensation for injuries but now it is possible for workers to seek up to 100 percent recovery for damages.
If found negligent, railroad companies may be required to pay significantly high awards as shown in this most recent FELA case. Some of the most commonly reported FELA claims include the following on-the-job injuries:
- Electrocution
- Brain injury
- Repetitive motion injuries (such as bursitis, carpal tunnel syndrome or tendinitis)
- Burn injuries
- Slip and fall injuries
- Fractures
- Back or spine injury
- Crushing injuries
- Solvent exposure injuries
- Whole body vibration injury
Obtain a Free Railroad Injury Case Evaluation
If you or a loved one suffered a railroad injury on the job, you may be eligible to take legal action against the employer and seek compensation for your injuries.
