A railroad employee recently filed a Federal Employers' Liability Act (FELA) suit in Madison County, IL against his employer, Norfolk Southern Railway. FELA claims allow railroad employees to seek compensation from employers for injuries occurring in the course of employment. The main purpose of the Act is to provide a way for injured railway employees to recover for employer carelessness or negligence.
The employee in this case was employed with Norfolk for over thirty years. His suit alleges Norfolk was careless in failing to reduce noise levels. Further, the employee alleges that Norfolk also failed to provide employees with heavy protection from excessive and damaging noise levels.
The plaintiff, employee, specifically alleges damage to his ears, inner ears, nerve endings in his head, tympanic membrane, ear drums and other tissue. His hearing has deteriorated, and he also alleges other body systems have been affected by the injuries.
The basic premise behind the suit is that railroad employment may be dangerous by nature, but that such employment does not mean employees sign a free waiver for additional subjection to perilous conditions. Railway companies have a duty to provide safe working conditions for their employees; in this case the employee feels that he has personally suffered damages at the hands of his employer's negligent behavior.
Plaintiff further alleges that the train whistles and horns were located in close proximity to both employees and passenger and that Norfolk could have taken actions to remove such excessive noise. Plaintiff is suing for $100,000 plus costs.
When a railroad employee has been injured through employer negligence, he/she has legal rights to recover for costs and suffering associated with the employment injuries. If you or a loved one has sustained an injury in the course of railway employment, it is important to seek legal assistance as soon as possible. With a FELA claim, railroad employees only have a certain amount of time to bring a lawsuit against the railroad company or the chance at suit is forfeited. So, it is crucial to alert a legal representative to learn your options.
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