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A FELA lawsuit was filed against Burlington Northern Santa Fe (BNSF) after an employee suffered injuries caused by a workplace accident. The plaintiff, an employee of BNSF, suffered damages including post-traumatic stress disorder after escaping from an oil train that had exploded, according to the lawsuit.
BNSF, a primary carrier of hydraulic “fracking” oil claimed that the plaintiff, Bryan T., had no justifiable claim. The railroad asserted the railroad injuries were “caused or contributed to by Plaintiff’s own contributory or sole fault.”
The cause of the oil train explosion is unknown. BNSF therefore stated that it was not responsible for the accident: “Plaintiff’s injuries and damages, if any, are the result of unknown causes for which BNSF is not responsible.”
The defendant argued in response to the FELA lawsuit that the Plaintiff was not due any of the damages he was seeking.
BNSF claimed that the Plaintiff’s rights under FELA may be precluded by other laws that protect the railroad company.
The Plaintiff’s response was, “essentially, the argument under ‘preclusion’ is that a federal law such as FELA which governs (plaintiff’s) recovery is precluded by the railroads’ compliance with another federal law. Similarly, a claim brought under state tort laws for injury and death of state residents could be ‘precluded’ by federal laws which cover the same subject matter.” It has been suggested that if BNSF’s response is accepted and the FELA lawsuit overturned that it would signify protection of the railroad company over the injured railroad worker.
About FELA
FELA, Federal Employer’s Liability Act, was originally enacted to protect employees from workplace accidents.
If you were a railroad employee and suffered from railroad injuries, you may not have received compensation to pay for the required medical treatment. FELA is supposed to help employees receive this compensation.
FELA was adapted in 1939 to also stop employers from preventing an injured railroad worker from filing a FELA lawsuit (in the form of intimidation).
FELA states that if an employer was negligent in any way that contributed to the workplace accident then the defendant could be held liable for at least part of the damages. This applies to any injured railroad worker, even if they do not work directly with the trains themselves.
Injuries covered by FELA include:
- Repetitive motion injuries (such as bursitis, carpal tunnel syndrome or tendinitis)
- Fractures
- Back or spine injury
- Crushing injuries
- Electrocution
- Brain injury
- Solvent exposure injuries
- Burn injuries
- Slip and fall 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.
