A man is suing after an on-the-job injury leads employer to exercise unfair disciplinary consequences.
Wendell Thomas filed a lawsuit Feb. 13 in the Southern Texas District Court against BNSF Railway Co.
According to the complaint, on Sept. 1, 2011, Thomas was injured in Casey Yard in Harris County while employed by BNSF Railway as a railroad conductor.
Thomas claims he underwent surgery for the shoulder injury and was not released to return to work until May 2012, at which time he was advised by BNSF managers that future injuries could cost him his job. Thomas alleges he was also told they were assessing points for his personal performance index due to his injury, essentially marking him as a unsafe employee, according to the suit.
The lawsuit states that BNSF later entered into an agreement with the Occupational Safety and Health Administration to stop the illegal practice of assessing points to an injured employee's personal performance index.
Thomas is seeking an amount in damages to be determined by the court.
He is being represented in the case by attorney Clint E. McGuire of The Law Firm of Alton C. Todd.
Southern Texas District Court Case No. 14-cv-00351
This is a report on a civil lawsuit filed in the Southern Texas District Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.