A resident of Pennsylvania is suing CSX Transportation, his employer, for injuries he sustained from falling into a sunken bit of ground in the parking lot while on the job. In August 2011, the man was walking from a walkway to the parking lot when he fell into the dip in the ground that was obscured from view. The man claims that he did not see the variation to the walking surface because it was hidden by a rail at the end of the walkway. After stepping into the depression, the plaintiff attempted to break his fall by extending his arm and hand.
The plaintiff claims he sustained injury to his hand, arm, shoulder, neck, back and hip. He is also claiming to suffer from post-traumatic spine and muscle strain, headaches and anguish. He is suing CSX for $150,000 for compensation. The suit was filed in U.S. District Court in Philadelphia on Aug. 22.
CSX is accused of violating the Federal Employers’ Liability Act. The suit claims that the employer should have inspected the area of the depression where it was necessary for employees to walk, warned employees of the danger and fixed the problem.
Employers are responsible for providing a safe workplace for their employees. A workplace injury may be covered by workers’ compensation. Employers, with the support of their insurance companies, have the incentive to keep the number of workers’ compensation incidents low. Sometimes, an injured employee has to fight for benefits that are rightfully theirs. An attorney knowledgeable in Pennsylvania and federal laws concerning workplace injuries may provide helpful advice to the injured employee during their recovery period.
Source: The Pennsylvania Record, “CSX Transportation faces FELA claim by Pa. worker“, Jon Campisi, August 26, 2013