Laura Schultz  |  July 23, 2015

Category: Labor & Employment

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BANGKOK THAILAND - JULY 31, 2014: train acciden fail of track near Bang Sue stationA jury in St. Francois County recently awarded an injured railroad worker $4.4 million in damages. The injured railroad worker filed a Federal Employers Liability Act (FELA) lawsuit against BNSF Railway Company, asking for compensation related to railroad injuries incurred while on the job. Officials believe this is the largest jury verdict for a personal injury case in St. Francois County history.

Background on FELA Lawsuit

The FELA lawsuit was brought by Rob H., a resident of Raymore. Rob was working for BNSF Railway Company as a contract railroad employee, operating a weld truck with a BNSF Railway replacement crew. The workplace accident occurred while the crew was working along the Mississippi River, just a few miles north of St. Genevieve.

Prior to the railroad injury accident, Rob was standing on the truck platform, operating the weld truck with a remote control device. While he was controlling the truck, it ran into a pile of rocks that had fallen across the tracks. Unfortunately, Rob didn’t realize the rocks were a hazard until it was too late, and when the weld truck hit the rocks Rob was thrown from the truck and dragged along the tracks.

The workplace accident caused Rob to suffer several serious injuries. He suffered from a fractured pelvis and hip, and was forced to have part of his small intestine removed. Rob also suffered serious nerve damage in his left leg. He continues to feel ongoing nerve pain in his leg and foot, and also suffers from post-traumatic stress disorder and depression after the accident.

Due to his railroad injuries, Rob required 8 months of rehabilitation before he was able to return to work. Unfortunately for Rob, he is no longer able to do the heavy work he was employed to do prior to the workplace accident, and when he returned to work he was promptly transferred to the company office.

According to Rob’s injury accident lawyers in the FELA lawsuit, the railroad company attempted to deny any wrongdoing or responsibility for the accident. BNSF also tried to minimize the extent of Rob’s railroad injuries and claimed Rob did not suffer any ongoing injuries.

The jury in the injured railroad worker lawsuit found BNSF Railway Company 100 percent liable for the railway accident. They also noted that the company had violated federal railroad regulations by not installing handrails on the platform of the weld truck.   After two years of fighting for justice, Rob feels vindicated because a jury was able to recognize the fault of the railroad company and the seriousness of his railroad injuries.

Overview of FELA Lawsuits

Congress passed the Federal Employers Liability Act (FELA) in 1908 in order to protect railroad employees and their families. FELA covers commuter railroad workers, Amtrak employees, and freight railroad workers. The FELA act makes it easier for railroad employees to bring and win FELA lawsuits. It also punishes employers who try and prevent their railroad employees from filing a FELA lawsuit.

FELA helps railroad employees hold their employers accountable for their actions and increases workplace safety. Railroad injuries that may be eligible for a FELA lawsuit include repetitive motion injuries, fractures, electrocution, burns, brain injuries, and slip and falls.

Whether or not a FELA workers compensation lawsuit should be brought to court is a decision that should be made on a case-by-case basis with the advice of a legal professional.

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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