A man who had worked for 38 years for CSX Transportation Inc retired in 2013 because of knee and shoulder injuries. He filed a lawsuit against CSX, Consolidated Rail and American Premier. The lawsuit claimed that the Federal Employer Liability Act had been violated by the defendants.
The plaintiff called up orthopedic surgery experts to testify, as well as experts in ergonomics and economics. The defendants alleged that the man’s injuries were because of a thyroid condition and his age. In addition, the defendants said that the man’s claims were not valid because he ran 5K races, both while he was employed and afterwards.
Because the orthopedic surgery expert said that the man needed knee surgery and he waited over a year to have it done so he could qualify for vacation pay, the jury found that the former railroad car inspector was .5 percent responsible for his past and future lost earnings and past lost wages. He said that he deals with pain on a daily basis.
American Premier was found 9.5 percent liable, Consolidated Rail, 40 percent, and CSX was found 50 percent liable for the man’s injuries. They are appealing the verdict.
If you have suffered injuries as a result of working for the railroad, you may have a civil action under the Federal Employers Liability Act against the railroad. It was enacted in 1908 to protect injured railroad workers. The railroad must be found to be partially legally negligent for the worker’s injuries. A Pennsylvania attorney who is experienced in employment law can provide you with more information.
Source: The Pennsylvania Record, “Former railroad worker wins $600K for job-related injuries,” Vimbai Chikomo, Jan. 28, 2016