Posted On: October 8, 2010 by Steven J. Malman

Railroad Worker Sues Norfolk Southern Railway for Back and Neck Injuries from Tamping Gun

James w. Bernard is suing Norfolk Southern Railway. He says he hurt his back and neck while operating a tamping gun. He is seeking over $50,000 plus costs.

Bernard claims that he sustained his railroad worker injuries on October 2, 2007. He says that not only did he sustain physical injuries, but also that he experienced a decrease in his earning capacity, suffered mental anguish and pain, incurred medical expenses, and lost income. Bernard says that Norfolk Southern was negligent in failing to make sure that he had the proper equipment and tools, did not make sure he was adequately supervised, allowed unsafe practices to become common, and neglected to warn of a reasonably foreseeable hazardous danger.

Railroad Worker Injuries
Most railroad workers are protected under the Federal Employees Liability Act (FELA), which allows injured workers to sue their employer. FELA cases can result in much larger compensation than Illinois workers’ compensation cases. However, while an employer doesn’t have to have been negligent in order for an injured employee that is not a railroad worker to receive work injury benefits, an injured railroad employee must prove that the employer was negligent in order to receive compensation for disability, pain, and suffering.

Working as a railroad employee can result in serious injuries. Over years of working at a railroad, cumulative injuries, repetitive strain, back injuries, shoulder injuries, neck injuries, and other injuries can result. Catastrophic injuries can occur during a railroad accident. A railroad worker seriously injured on the job may not be able to go back to work.

Norfolk Southern sued over tamping gun injury, Madison Record, October 6, 2010

Related Web Resources:
Norfolk Southern

Injured Railway Workers: Federal Employers' Liability Act (FELA), Justia

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