Injured Railroad Worker Receives $2.3M Settlement From BNSF

8/13/2011
Shapiro, Lewis & Appleton
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Injured Railroad Worker Receives $2.3M Settlement From BNSF

A railroad worker from Thayer, Missouri (MO), was recently awarded a $2.3 million dollar settlement after suing the Burlington Northern Santa Fe Railway Co. Thomas Joe Carney was injured in August 2005 while working as a railroad engineer. He was operating a train when it ran over rough track on roadbed that, Carney claimed, had experienced a slope failure. Carney injured his back, neck and spine in the accident, and continues to have experience severe pain despite ongoing treatment. The engineer also claimed a psychological injury and loss of wages and benefits.

Carney's attorney, Roger Denton of the Schlichter, Bogard & Denton firm in St. Louis, argued that the BNSF was liable for its employee's injuries under the Federal Employers' Liability Act, or FELA, because it failed to provide a reasonably safe workplace. A significant part of the plaintiff's FELA argument rested on the assertion that BNSF should have should have halted construction around the track where Carney became injured as soon as it become possible that the work could create a slope failure.

We congratulate Denton and Carney on their success with this case. Workplace injuries, especially in the railroad industry, are frequently life-altering. Carney certainly has suffered from this injury long enough. As Virginia railroad injury attorneys, we know all too well how dangerous some work can be. But no one should be endangered on the job, and we hope that BNSF will take steps to prevent any future accidents like this one.

CD

Category: Railroad Injury/FELA

Labels: back injury BNSF Missouri neck injury railroad settlement slope failure spine injury St. Louis Virginia railroad injury attorney Workplace injury

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.

Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.

We would like to send you one of our free reports about railroad injury and FELA cases, including Dos & Don'ts When Injured at a Railroad: Your FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).

While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

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Injured Railroad Worker Receives $2.3M Settlement From BNSF

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