PITTSBURGH – A Canonsburg man alleges he was unlawfully disciplined after reporting a work-related injury.
William Shuba filed a complaint on Oct. 24 in the U.S. District Court for the Western District of Pennsylvania against Norfolk Southern Railway Co. alleging violation of the Federal Rail Safety Act.
According to the complaint, the plaintiff alleges that on May 10, 2014, he was working as an engineer for the defendant and sustained serious physical injuries when the train he was riding collided with another train. He alleges the incident was caused by the actions of the conductor and not on his part.
The suit states he reported the injury to his neck and was later unlawfully disciplined "purely as a result of Norfolk Southern's efforts to harass and intimidate Mr. Shuba and to chill the reporting of work related injuries and seeking treatment for the same."
The plaintiff requests a trial by jury, expungement of all disciplinary action related to the discrimination, lost benefits with interest, compensatory damages, medical expenses, statutory maximum of punitive damages, special damages, court costs and any further relief the court grants. He is represented by Edward Shenderovich of Shenderovich, Shenderovich & Fishman in Pittsburgh and P. Matthew Darby and H. David Leibensperger of Berman, Sobin, Gross, Feldman & Darby LLP in Lutherville, Maryland.
U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-01379-DSC