On November 1, a Yellowstone County, Montana, jury awarded $1.7 million in damages to a railway worker who was injured, but fortunately not killed, when five coal cars crashed into a locomotive where he was working. He filed his claim under the Federal Employers’ Liability (FELA), which, unlike normal Workers’ Compensation, requires that an employee prove fault before he or she can receive compensation.
The jury found that the railroad’s negligence was at fault for the failure of the cars’ brakes that caused them to roll down a side track on January 19, 2005, at a rail yard near Gillette, Wyoming. When the cars collided with the engine where the employee was working, the employee suffered career-ending back and neck injuries. The jury denied claims that the employee was also due compensation for a lesser accident he’d suffered in 2003, or for repetitive motion-related injuries.
This is the largest amount awarded by a Montana Jury in a personal injury suit against a railroad under FELA, exceeding a 2005 $1.5 million award.
If you or someone you love has been injured working on the railroad, don’t just pass the time away, get in touch with an experienced railroad injury lawyer who can win your case. In the Chicago area, contact the Law Firm of Barry G. Doyle for your free initial consultation.
