ProPublica Articles Highlighting Rail Industry Safety Abuses and Coverups Feature Two Schlichter Bogard Clients

In recent investigative reports by ProPublica, the rail industry’s safety practices and cover-ups have been brought to light, with Schlichter Bogard Senior Partner, Nelson Wolff, playing a pivotal role through his representation of injured railroad workers.

One case involves Christopher Cole, a switchman who was boarding a moving train when he was struck by a sign that was posted too close to the tracks. Cole was knocked off the train and run over by the train, resulting in the amputation of both legs.

Cole’s employer, Kansas City Southern Railway (KCS), attempted to hide critical evidence. In the article, Wolff emphasized how KCS’s actions were part of a broader pattern within the industry to obscure injury causes and avoid accountability. In November 2022, a jury found KCS violated a state clearance law and that the practice of getting on moving equipment was unsafe and awarded Cole a historic $12 million verdict, marking a significant victory for railroad worker rights.

Another case in ProPublica’s investigation featured Scotty Bragg, another train service employee represented by Nelson Wolff, this time against BNSF Railway. Bragg suffered debilitating spine injuries in November 2021 when the train he was operating went over rough track conditions. BNSF failed to report this injury to the Federal Railroad Administration (FRA) as a way to deny Bragg any compensation. By gathering important evidence supporting the claim, we were able to obtain a favorable settlement.

ProPublica’s exposé reveals a disturbing trend of underreported worker injuries and deaths within the railroad industry, signaling a systemic problem with unsafe working conditions and concealment of resulting injuries. Federal regulations mandating injury reporting are circumvented through loopholes, allowing companies to evade accountability and jeopardize worker safety.

The combined efforts of legal advocacy, such as that undertaken by Schlichter Bogard, and investigative journalism are crucial in holding the rail industry accountable for its safety practices. Calls for stricter oversight and penalties resonate in light of these revelations, emphasizing the urgent need to prioritize the well-being of railroad workers and ensure transparency in reporting safety incidents.