PHILADELPHIA – A New Jersey man alleges his employer attempted to interfere with his medical care when he was injured while working.
John C. Peters Jr. filed a complaint on June 11 in the U.S. District Court for the Eastern District of Pennsylvania against Consolidated Rail Corp. (Conrail) alleging violation of the Federal Rail Safety Act.
According to the complaint, the plaintiff was employed by the defendant as a conductor and brakeman. The plaintiff alleges on Aug. 10, 2017, he injured his ankle when he fell in a hole while working and sought medical care. He alleges a trainmaster entered into the exam room while the plaintiff was receiving treatment and refused to leave when the plaintiff asked him to do so. The plaintiff alleges the trainmaster attempted to interfere with his medical care and attempted to intimidate him into not obtaining medical care.
The plaintiff also alleges on Aug. 5, 2017, he was injured at work when the train he was conducting did not stop in a timely manner and struck a bumper block. He alleges the defendant withdrew a less-severe sanction for the matter and instead gave him a 10-day suspension without pay. The plaintiff alleges the reason for the harsher suspension was because he disapproved of the trainmaster being in the exam room on Aug. 10, 2017.
The plaintiff is seeking compensatory and punitive damages, attorney fees and court costs. The plaintiff is represented by Lawrence A. Katz of Coffey, Kaye, Myers & Olley in Bala Cynwyd.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-02566