Scott C. Sands

Anesi Ozmon Partner Scott C. Sands Recently Obtained a $2.3 Million Verdict for an Injured Railroad Worker Under the Federal Employer’s Liability Act (Fela)

FELA is a United States federal law enacted in 1908 to protect and compensate railroad workers who are injured on the job where the employee can prove that the Railroad was at least partially negligent in causing the injury or where a defect in the railroad’s locomotives or cars contributed to causing the injury. The benefits and damages a railroad employee can be entitled to include compensation for past and future lost wages, past and future medical expenses, pain and suffering, disability, and disfigurement.

In the above-mentioned case, Plaintiff, age 58, was a train engineer employed by the Indiana Harbor Belt Railroad and was seated in his stationary locomotive on the date of the incident. He was waiting for a caboose to be coupled onto his engine when another 143-ton locomotive with a 25-ton caboose unexpectedly rear-ended his 124-ton locomotive. The impact speed was 7 mph and pushed the plaintiff’s locomotive, which had its brakes fully applied, 6.3 feet. Plaintiff suffered a herniated disc at L 1-2 with nerve root compression, a torn rotator cuff in his right shoulder requiring surgery, and aggravation of preexisting degenerative conditions in his lumbar and cervical spine. His injuries left him unable to perform his job duties and he never returned to work after the occurrence.

The jury awarded the plaintiff $537,607 in past and future loss of earnings to age 67, $900,000 in past and future disability, and $900,000 in past and future pain and suffering, for a total verdict of $2,337,607. The railroad’s last settlement offer was $200,000.

If you are a railroad worker injured on the job, you will be required by the railroad to fill out an incident report. This report must be prepared very carefully and with the understanding that it is a “fault” report, meaning it is through the fault of the railroad that you were injured. It is very important that you speak to legal counsel before submitting this report. Whether you have been injured on the job or are the victim of harassment, intimidation, or retaliation, at Anesi Ozmon we have experienced and trained FELA attorneys and former rail labor union officers available 24/7 to assist you in every way possible in making sure that you and your family’s interests and rights are fully protected.

    You always have my back and are very professional.

    “You always have my back and are very professional. Your team seems very smart, is not intimidated by any other lawyers, and is willing to take on a case simple or complex. Thank you for helping me and ...”

    - Mark N.
    I am grateful for their services, very professional at all times.

    “Good communication in replying to my messages immediately, letting me know of any changes. The lawyer and assistant were very kind and respectful, I am grateful for their services, very professional ...”

    - Miriam D.
    Highly Recommend

    “I would just like to say to everyone at the firm, this is about Jeff Alter, I know that you all there have large and much more profitable cases than mine...but Jeff and his wonderful secretary fought for me and my family.”

    - Eddie F.
    Great job well-done THANK YOU

    “The firm and John Popelka handled my case very professionally and very efficiently. Done in a very quick manner. I will definitely recommend the firm and JOHN POPELKA to all my family and friends.”

    - Glenn F.
    Very Satisfied

    “They did a great job with helping me with my workmans’ comp case. I would recommend this law firm to anyone that’s in need of a lawyer.”

    - Jeremy M.

Sign Up For Our Monthly Newsletter

Submit Email Below
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.