PHILADELPHIA – A New Jersey man alleges he had to undergo a partial amputation of his foot because he was not allowed to seek immediate medical treatment when he suffered an injury while on the job.
David Thompson filed a complaint on July 24 in the U.S. District Court for the Eastern District of Pennsylvania against Consolidated Rail Corp. alleging that the employer failed to provide a reasonably safe working environment for the plaintiff.
According to the complaint, the plaintiff is employed by the defendant as a conductor/brakeman. He alleges his right foot was injured when it was punctured by an industrial staple while performing his duties at work. He alleges that because he is diabetic, he requested immediate medical treatment but was refused until he spoke to supervisors about the incident.
The suit states because he was denied immediate treatment and again denied to take leave for a follow-up medical appointment a few days after the accident, he required a partial amputation of his right foot.
The plaintiff seeks compensatory damages, punitive damages, special damages and court costs. He is represented by Robert E. Myers and Lawrence A. Katz of Coffey Kaye Myers & Olley in Bala Cynwyd.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03300-ER