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A railroad worker from Texas is filing a Federal Employer Liability Act (FELA) lawsuit against his employer for negligence. Railroad worker Keenan R. claims that Kansas City Southern Railway failed to take adequate safety measures when he rode a train that became derailed in May 2015.
Keenan filed this lawsuit in Jefferson Country on June 10, 2015, alleging negligence and personal liability. According to the FELA lawsuit, the plaintiff was riding or hanging onto the train on May 17, which had reportedly started shaking and jolting, resulting it becoming derailed. Keenan claims that incident caused him a severe shoulder injury and aggravated a pre-existing condition.
The lawsuit claims that if the railroad company had been in compliance with industry standards and safety regulations, then the accident would not have occurred. The FELA lawsuit describes the railroad as unsafe and lacking the necessary precautionary measures and regulations to protect employees. Some safety infractions claimed in Keenan’s lawsuit include failure to provide safety equipment or tools and failure to adequately instruct, train, and supervise employees. Ultimately, Keenan claims that this would not have happened if his employer had taken the necessary precautions.
Furthermore, Keenan’s lawyers state that under the Federal Employer’s Liability Act, the railroad company had the civil responsibility of providing a sufficient safe working environment. For being allegedly responsible for causing his injuries, Keenan is suing for loss of wages, pain and suffering, disfigurement, and medical expenses. Keenan is seeking over $1 million from the defendant in compensation, post-judgment interest, and all litigation costs.
This FELA Lawsuit is Case No. B-197228, in U.S. District Court for the District of Jefferson County.
Overview of FELA Policy
FELA lawsuits are becoming increasingly common throughout the United States, as experts discover that railroad companies often lack the necessary safety precautions. This is why FELA exists, to allow railroad workers who were injured on the job to seek full compensation for their medical expenses, lost wages, pain and suffering, and any disability incurred from either their employer or coworker.
This policy was adopted in 1908 to address the problem of high numbers of work-related injuries from railroad workers. FELA provides protection to railroad workers from commuter, Amtrak, and freight trains. Before this policy was enacted it was very difficult, if not impossible, for railroad workers to receive any compensation if an incident occurred on the job. Workers who had contributed in some way, shape, or form to the accident had abysmal chances of recovering any damages at all.
To make the chances for railroad workers even better, FELA was updated in 1939 to eliminate any assumptions of defense against the railroad worker, and prohibited railroad companies from intimidating employees from filing legal action. Under current FELA policy, the railroad company will be held liable for their employees’ injuries if they were incurred at some point during the job; this includes workers who did not work around or on trains. Injuries frequently mentioned on FELA lawsuits include:
- Repetitive Motion Injuries (like bursitis, carpal tunnel syndrome or tendinitis)
- Fractures
- Spine injuries
- Crushing Injuries
- Electrocution
- Brain injury
- Solvent Exposure Injuries
- Burn injuries
- Fall injuries
- Whole Body Vibration Injuries
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.
