Former Railroad Worker Sues Norfolk Southern for Injuries

March 25th, 2010 |

MADISON COUNTY, WI – On Wednesday, March 17, A lawsuit was filed by Stephen S. Kawa, a former Norfolk Southern Railroad employee, against Norfolk Southern Railroad. The lawsuit claims that Kawa began working as a laborer for Norfolk Southern Railroad in 1978 and finished his career in 2009. Over the course of his 31 year employment, the former railroad worker claims he was assigned duties beyond his physical capabilities and subjected to numerous repetitive traumas which resulted in his multiple injuries.

Norfolk Southern Railroad Company. PHOTO: Businessweek.com

According to the complaint, Kawa also claims that on July 6, 2009, he sustained sustained permanent injuries to his neck, back and body after hitting his head on the roof of a truck.

The complaint also says that in addition to his injuries, Kawa suffered great pain and anguish, lost money, experienced a diminished earning capacity and incurred medical costs.

Kawa blames Norfolk Southern for causing his injuries, saying the railroad failed to provide him with safe and proper tools and equipment, failed to provide proper supervision, failed to warn him of foreseeable hazardous conditions, allowed unsafe practices to become standard, assigned him work that it knew would result in injury, assigned him duties beyond his physical capability, failed to provide a safe place to work and failed to provide safe work methods.

In addition, the company negligently failed to provide safe seating in its truck, according to the complaint.

In his two-count suit, Kawa seeks a judgment of more than $100,000, plus costs.

Reference: Madison County Circuit Court case number: 10-L-304.

Kelly Holleran from The Madison St. Clair Record contributed to this story.

Gordon, Elias & Seely, LLP, is a top nationwide FELA lawyer law firm representing railroad workers injured on the job who need experienced lawyers knowledgeable in the Federal Employers’ Liability Act (FELA). FELA is not workers compensation and it governs the employee’s right to recovery, governing the rights and remedies of railroad employees and in certain cases their family members. For more information about FELA, Wisconsin FELA Law, and FELA rights, contact an experienced FELA attorney through Gordon, Elias & Seely, L.L.P. for expert advice. Call toll free 800.773.6770.