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Amtrak sued by conductor injured in derailment

Colorado workers may have read that a train conductor who was seriously injured in the Philadelphia Amtrak train derailment has filed a lawsuit against his employer. Reportedly, the 33-year-old conductor was taking a restroom break at the time of the fatal train accident.

The conductor suffered a broken neck, a broken back and broken shoulders in the derailment. Despite being the most severely injured Amtrak employee, witnesses indicate he crawled through the wreckage afterwards, warning other passengers to avoid stepping on downed live electric wires that were surrounding the derailed train's wreckage.

He remains in critical condition and is expected to stay in the hospital for weeks. In addition to the man's lawsuit, an Amtrak employee who was a passenger of the train and four other passengers have all filed lawsuits against the company. Authorities are still trying to determine what caused the train to suddenly accelerate up to 106 miles per hour.

The 32-year-old train engineer suffered a head injury in the wreck and reportedly is unable to remember what happened. Investigators have said that the acceleration could have been caused by a malfunctioning part, human error or other issues at this time. The conductor's lawsuit alleges that the company acted negligently, and that such negligence led to the derailment and his injuries.

Although in this case the employee is suing his employer, many other workers who are injured on the job choose to file a workers' compensation claim. Most employers are required to carry workers' compensation insurance coverage for the benefit of their employees. A workers' compensation attorney may often provide assistance to those who are injured by helping to prepare and file the required claim for benefits.

Source: Reuters, "UPDATE 2-Conductor hurt in Philadelphia train derailment sues Amtrak," May 19, 2015

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