The Occupational Safety and Health Administration (OSHA) ordered Wednesday, August 10, that Metro North Pay $142,000 in damages and promote a worker who accused the commuter railroad of discrimination.
In 2008 an unidentified worker accused Metro North of classifying an injury as non work-related even though it occurred on the job. In its ruling, OSHA said Metro North refused to promote the worker due to his injury.
ClaimsJournal.com reports:
A spokeswoman says MetroNorth denies the worker’s accusations and will appeal.
Marjorie Anders, a spokeswoman for the railroad that serves New York and Connecticut, says the worker injured his knee at lunch at the railroad and sued to avoid medical copayments of more than $2,000. She said the decision to not promote him was unrelated to his injury.
OSHA ordered $125,000 in punitive damages in addition to compensatory damages and legal and medical expenses.
FELA Lawyer News Blog is a FELA, train accident and personal injury blog that publishes up to date train accidents and FELA legal news from across the United States. The Federal Employers ‘Liability Act, (FELA) allows injured railroad workers to recover compensation based on the negligence of the railroad company, in lieu of workers’ compensation. FELA defines negligence as the railroad company’s failure to use reasonable care.