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April 7 , 2008

An injured BNSF railroad worker was recently awarded $1.2 million by a jury in Yellowstone County District Court.

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What is FELA?

FELA, or the Federal Employment Liability Act assures railroad employees a safe work place and gives them and their families the right to recover compensation if injured in a railroad related accident. Under FELA, injured employees can seek compensation for wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability. All railroad solvent exposure lawsuits have been filed under FELA.

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Former Conrail Employee Files FELA Lawsuit

December 8 , 2006

Consolidated Rail Corporation (Conrail) and American Premier Underwriters are targeted in a Federal Employers’ Liability Act (FELA) lawsuit filed by a former employee who claims exposure to hazardous substances at work caused him to suffer injury.

Carroll Fritts worked as a hostler, fireman, and engineer for Conrail from 1953 to 1996. During that time, he was exposed to a number of toxic substances, including asbestos. Fritts claims that this caused him to develop an asbestos-related disease.

The Damages

According to his complaint, Conrail knew or should have known that employees would be exposed to asbestos fibers or dust and that such exposure was toxic, and potentially fatal.

“Plaintiff, who was a strong and able-bodied man, has sustained a loss of earning capacity and his ability to render services, society, affection, counseling and support to his family has been diminished, his life expectancy has been shortened and his enjoyment of life has been impaired,” stated the complaint.

The claim further states that Fritts is now extremely vulnerable to additional injury and disease, including certain types of cancer.

Conrail’s Negligence

The lawsuit accuses Conrail of failing to provide a safe working environment, failing to warn employees of the dangers associated with using asbestos products, and engaging in unsafe business practices among other things.

Fritts is seeking more than $150,000 in damages from the defendants for FELA violations as well as violations of the Federal Boiler Inspection Act and the Federal Safety Appliance Act.

FELA was passed by Congress in 1908 to protect rail workers and compensate them for injuries sustained on the job. Injured railroaders can file a FELA lawsuit to recover compensation for lost wages, medical expenses, pain and suffering, and more.

Victim of FELA violations? Please contact us for a FREE consultation with an experienced FELA attorney who can answer your questions and help you determine a course of action.

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