Injured Worker Files Federal Employers Liability Act (FELA) Claim
Posted on Oct 06, 2007
James Walter Murray, a Texas railroad worker claims he suffered a debilitating shoulder injury as a result of attempting to throw a switch he said was defective. Murray has filed suit against The Kansas City Southern Railway Co. and the Port of Port Arther under the Federal Employers' Liability Act which was legislation enacted to help railroad workers. Murray filed his $50,000-plus personal injury lawsuit in the Jefferson County District Court on September 24 of this year. According to the original petition filed by the plaintiff on January 18 of this year, Murray was working for KCS when his shoulder was injured while throwing a switch. The injury occurred on property owned by the Port. The suit claims that the injury to Murray was a result of negligence on the part of the defendant. It says that the KCS failed to provide Murray with a safe work environment, did not comply with industry standards, did not properly train, instruct, and supervise Murray, did not provide a proper amount of manpower, failed to provide safe footing, did not properly inspect, maintain, and repair their equipment, and did not properly warn Murray. Murray is filing suit for past and future physical pain, mental anguish, loss of earnings, impairment, disfigurement and medical expenses. In North Carolina and in most other states, an injured worker can not sue his employer except in very rare cases. The workers only remedy for on the job injuries is under the Workers' Compensation Act. Railroad workers are not subject to North Carolina's workers' compensation act. (except for employees of a railroad owned by the state of North Carolina). North Carolina railroad employees are therefore free to sue the railroad under the Federal Employers Liability Act (FELA). Remedies under FELA are considered to be better for the employee.