Trainman Whose On-the-Job Wrist Injury Resulted From BSNF's Negligence Receives $1.7M Lawsuit

11/18/2010
Shapiro, Lewis & Appleton
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Trainman Whose On-the-Job Wrist Injury Resulted From BSNF's Negligence Receivess $1.7M Verdict

A trainman who suffered a nearly career-ending wrist injury when a coupler lever on a Burlington Northern Santa Fe train malfunctioned recently received a $1.7 million award in his civil lawsuit against BNSF for pain, suffering, medical expenses and lost wages. The freight rail company had originally claimed that the employee was owed no compensation for his on-the-job injury because he eventually returned to work and, though in pain, continued to perform his duties adequately.

Fellow rail law attorneys Anthony Petru and Ryan Otis, who practice railroad employee injury law in California, shared this news with me last week. It came as a welcome reminder that while freight railroad employees face many risks to their health and lives on board trains, in rail yards and in repair shops, those employees also have valuable legal means for receiving compensation when they do get injured.

The trainman and his legal team held BNSF accountable for failing to ensure all its equipment met requirements for safe operation and worker protection under the terms of the federal Safety Appliance Act. That law requires rail operators such as CSX, Norfolk Southern, Union Pacific and BNSF to maintain protective equipment in proper working order. Rail lines that do not adhere strictly to the act's rules can be liable for workers' injuries.

The Safety Appliance Act and another set of workplace safety rules under the Federal Employers Liability Act, or FELA, ensure that rail workers do not risk life and limb without a legal safety net. I'm pleased to see that this BNSF trainman was able to rely on the law to receive compensation for his injury.

EJL

Category: Railroad Injury/FELA

Labels: BNSF Cooper coupler CSX cut FELA lever lost wages Norfolk Southern NS railroad safety appliance act train Union Pacific wrist 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).

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Trainman Whose On-the-Job Wrist Injury Resulted From BSNF's Negligence Receivess $1.7M Verdict

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