Amanda Antell  |  July 14, 2015

Category: Labor & Employment

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Northbound freight train returning to Wyoming through Colorado, USA with empty coal cars to be reloaded at the mines.In a recent Federal Employers Liability Act (FELA) lawsuit, a railroad worker was awarded $1.8 million against the BNSF Railway Company, after suffering serious knee and back injuries in an Oklahoma rail yard.

For 36 years, Texas plaintiff Gary E. worked for BNSF Railway Company and its parent company, Berkshire Hathaway Inc. as a conductor. However on Sept, 24, 2010, BNSF had instructed Gary to make a stop at a rail yard in Purcell, Oklahoma, which had no overhead lighting.

Gary said in his FELA lawsuit that he left the train and had to use a company-issued lantern to perform his occupational duties, which he did despite it being dark and raining at the time.

It was a mile walk to and from the head of the train, in which Gary discovered a pile of broken ties and debris in the walkway. While he walked around the debris, he accidentally stepped into an adjacent bridge and slipped, causing him to injure his right knee.

Three months after the incident, BNSF Railway had fired Gary, when he was required to undergo complete knee replacement surgery and was coping with three separate back injuries. After speaking to a specialized lawyer about his situation, a FELA lawsuit was filed on his behalf against BNSF Railway.

Under FELA, railroad companies are required to maintain a safe working environments and BNSF Railway had failed in its duty to protect its employees by failing to provide proper lighting and safety equipment.

The jury agreed with this sentiment, awarding Gary more than $1.86 million in damages for lost earnings, physical impairment, and pain and suffering.

Overview of FELA Policy and Violations

Congress had passed the Federal Employers Liability Act in 1908, to address the numerous complaints from railway workers, Amtrak employees, and freight railroad workers who had suffered on-the-job accidents, injuries, and deaths.

This policy was passed to help protect the rights of railroad workers, who had to face the hazards of the railroad industry and to encourage train companies to update their safety equipment. This means making sure the trains and railways have no mechanical faults that may lead to an accident, including proper lighting for nighttime work.

Before FELA was passed, railroad employees and their families rarely, if ever, received any compensation for injuries that were incurred on the job. If railroad workers had somehow contributed to their injury, no matter how minimal, the damages would be impossible to collect.

In 1939, Congress updated FELA to completely omit this possible defense for railroad companies, by eliminating the assumption of risk as a method to dismiss injury claims. This update also made it a criminal offense for railroad companies to use any intimidation acts against employees, to prevent them from filing legal action.

According to FELA, if the injury was directly caused by the railroad company’s negligence in some way, such as faulty lighting, the company will be found liable for at least part of the employee’s damages.

Any railroad employees who suffered injuries while on the job are encouraged to file FELA lawsuits as settlements can help pay for medical expenses, lost wages, pain and suffering, and any other damages.

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.

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