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$754,000 Jury Verdict and Damages Settlement for NJ PATH Worker

After a five-day trial in Hudson County, Mintz & Geftic’s Bryan H. Mintz obtained a jury verdict against New Jersey PATH for work-related injuries suffered by his client. The NJ PATH worker tripped and fell while carrying a bridgeplate, which is used to bridge the gap between the train platform and the train.

Mintz & Geftic’s client suffered serious injuries from his work accident. The injuries included herniated discs in his back requiring a four-level decompression surgery and he later endured another surgery for a post-surgical infection. The client also underwent months of physical therapy.

Since New Jersey’s workers’ compensation laws do not apply to employees of common carriers like NJ PATH, the case was filed under a federal statute known as the Federal Employers Liability Act, or FELA. FELA is a federal law that protects and compensates railroad workers injured on the job if the worker can prove that the injury was caused in whole or in part by the negligence of the railroad.

During the trial, through expert testimony and lay witnesses, Mr. Mintz argued that NJ PATH neglected to provide proper training, did not provide a safe workplace, and that they failed to conduct proper inspections. The jury found that NJ PATH was 70% responsible for the fall and the related injuries that were sustained.

Shortly after the liability verdict and before the trial on damages was set to begin, NJ PATH paid a significant lien for the injured worker’s medical bills and an additional $420,000 for pain and suffering, resulting in a total settlement of $754,000.

(Hudson County, 2017)

MINTZ & GEFTIC 

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