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Norfolk Railway Company asked a judge to dismiss a Federal Employer’s Liability Act (FELA) claim brought against them, Nov. 6. Norfolk alleges the FELA claim is defective.
Former railroad worker, Anthony Cavalier, filed a FELA claim against Norfolk and Consolidate Rail Corporation Oct. 2, claiming he suffered injuries to his ear during his employment as a railroad worker. Cavalier alleges the two defendants are liable for his injuries, because:
Cavalier allegedly worked for the two railroad companies since 1969.
Norfolk has asked the judge to dismiss the lawsuit, claiming it was not filed properly. According to Norfolk, all FELA claims must separate each cause of action, and are considered defective if they fail to do so. Norfolk argues Cavalier’s claim does not separate the cause of action.
The judge assigned to the case will retire Nov. 30.
The Federal Employer’s Liability Act was passed in 1908 in an effort to protect railroad workers injured on the job. According to FELA, any railroad worker who suffers injuries while at work is eligible to recover damages from the railroad company; however he/she must be able to prove the injuries were sustained as a result of the company’s negligence.
Under the law, railroad companies are considered negligent if they fail to provide their employees with a safe working environment.
According to Cavalier, Norfolk Railway Company did not protect his safety, and therefore should be held accountable for his injuries.
(Source: Madison St. Clair Record)
Do You Need Legal Help for Your FELA Claim? If you or someone you love is a railroad worker and has been injured while at work, you may eligible to file a FELA claim. Contact us today to speak with an attorney who specializes in handling these types of cases.