Metro North Ordered to Pay Punitive Damages for Alleged Retaliation Against Injured Employee

In July 2008, William Ordner, an employee of Metro North, was injured. Reports indicate that he suffered a significant knee injury when he stood up after a lunch break. Metro North argued that the knee injury could have happened at any time, and actually occurred while Mr. Ordner was not performing his occupational duties. Thus, the railroad classified the knee injury as non-occupational. Mr. Ordner and the federal government disagree with the classification of this railroad injury.

On August 5, 2011, OSHA concluded that the knee injury was an occupational injury, and that Mr. Order was entitled to the protections of the Federal Railroad Safety Act. Accordingly, the agency ordered Metro North to:

• Pay $2,210.20 in out-of-pocket medical expenses incurred by Mr. Ordner.
• Promote Mr. Ordner to Locomotive Engineer effective November 24, 2008. The agency found that Mr. Ordner was wrongfully denied and retaliated against for reporting his railroad occupational injury, and thus denied the promotion he applied for in late 2008.
• Pay Mr. Ordner back pay consistent for the promotion that was wrongfully denied.
• Pay Mr. Ordner's attorney's fees.
• Pay $5,000 in compensatory damages for the inconvenience and mental anguish caused by the wrong classification of Mr. Ordner's injuries.
• Pay punitive damages of $125,000 to Mr. Ordner.
• Take corrective action steps to ensure this doesn't happen again.

Metro North has indicated that it will appeal this decision.

If you have suffered a New York railroad injury, then you cannot be confident that your employer will protect your rights. Please call an experienced New York FELA attorney today to discuss your rights. The New York FELA lawyers of Hofmann & Schweitzer can be reached at 1.800.362.9329 for a free and confidential consultation.