A railway worker claims he suffered two separate workplace injuries when a faulty handbrake slipped and when he allegedly fell on ice.
Patrick McFarland filed the complaint June 29 in Madison County Circuit Court against the Terminal Railroad Association (TRRA) and the Norfolk Southern Railway Company, alleging negligence.
He alleges his employment and any claim is covered under the Federal Employer’s Liability Act (FELA) because his employer is a railway company engaged in interstate commerce.
According to the complaint, McFarland claims he was working on the site and attempting to release a “defective” lever-style handbrake that was not operating properly.
“While operating the handbrake, it slipped, causing a sharp pain in plaintiff’s back,” the suit states.
McFarland alleges she suffered injuries and aggravations to his spine, neck and back. He also alleges he suffered mental and emotional anguish, lost wages and incurred medical bills.
TRRA is accused of negligence in connection to the incident for allegedly failing to provide the plaintiff with a reasonably safe workplace, failing to warn the plaintiff, failing to inspect and maintain equipment and failing to properly train employees.
McFarland also alleges he was injured in a second incident on Feb. 1, 2019, when he slipped and fell on ice, suffering injuries to his head, elbow, back, neck and head.
Norfolk, which owns and operates a site in New Baden, is accused of negligence in connection with the second incident.
McFarland is seeking more than $50,000 in damages.
This article was first published in Madison Record.
