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A federal lawsuit filed Wednesday, July 1, by two former Norfolk Southern railroad workers, claims that Norfolk Southern officials tried to coerce them into lying about an incident and then fired them.

Pittsburgh Tribune-Review reports:

William Russell, age unavailable, lives in Ohio and worked at the railroad`s Conway Yard in Beaver County. His fingertips were crushed and subsequently amputated after a Nov. 4, 2009, accident at the yard, the lawsuit says. Larry Mengel, age unavailable, of Rochester was on the crew and observed the accident, the lawsuit says.

The lawsuit claims that the company fired the two railroad workers when they refused to change their incident reports to match their supervisors` version of events.

Comments:

FELA lawyer, Gordon, Elias and Seely state that before FELA was enacted in 1908, thousands of railroad workers died every year on the job. Unlike most other workers, railroad employees are generally exempt from coverage under state workers’ compensation statutes. FELA allows injured railroad workers to recover compensation based on the negligence of the railroad company, in lieu of workers’ compensation. FELA defines negligence as the railroad company’s failure to use reasonable care.

The railroad companies have been opposed to FELA since its enactment and have tried unsuccessfully for almost a century to limit its reach or have it repealed. Instead, they have adopted a strategy of simply not paying damages due. Many injured railroad employees have gone years without compensation, even though liability has been clearly established.

FELA Lawyer Information

The process for recovery under FELA for a non-lawyer is complicated and can be very intimidating. The railroad will immediately use their claims people to try to build a case against the worker to make the process even more difficult. Contact Gordon, Elias & Seely, L.L.P., for a free initial consultation. Call 800.773.6770.

Published by FELA lawyer news blog at Gordon, Elias & Seely, LLP

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