A former railroad employee who was injured in a 2023 train derailment is suing the company he worked for, claiming it caused his injuries and then unlawfully terminated him.
Adam Jensen, a freight conductor who inspected the train and connected cars, is suing Central Maine & Quebec Railway US Inc. after three locomotives and six train cars derailed in Sandwich Academy Grant Township in rural Somerset County on April 15, 2023. The lawsuit was filed Thursday in U.S. District Court of Maine in Bangor.
Jensen, who is from Gardiner, alleges negligence under the Federal Employers’ Liability Act and violation of the Federal Railway Safety Act. Jensen was discriminated against for a protected activity, as he was following medical advice after a work-related injury, the lawsuit said.
The railroad, which was bought by Canadian Pacific Kansas City in 2020, declined to comment. Jensen’s attorneys did not respond to a request for comment.
Jensen had injuries to his lower back, left hand and left leg from the derailment and subsequent fire. He also has post-traumatic stress disorder, according to the lawsuit. It added that the injuries were caused by the railroad’s negligence and the company should have ensured Jensen had a “reasonably safe place” to work.
Jensen asked a judge to reinstate him to the railroad, as well as expunge the disciplinary action, according to the lawsuit. He’s asking for more than $75,000 in damages as well as payment for lost wages and benefits.
The train derailed into wetlands and the Moose River, a tributary to Little Brassua Lake. A flow, which allows water to go through a beaver dam, let go and a “vast amount of water” came down through culverts under the railroad tracks and caused a washout.
After the crash, 500 gallons of diesel from the train flowed into the lake during the railway’s cleanup because the company failed to empty saddle tanks on the locomotive before removing the engine. The diesel spill saturated soil and extended past the booms that were designed to contain the contaminant and into Little Brassua Lake. Hydraulic fluid and engine oil also spilled during the crash.
Jensen had to miss 22 days of work after the derailment because of his injuries and then had modified work duty for months, until Sept. 15, 2023.
Jensen was “regularly harassed by his superiors and required to perform work outside the scope of his restrictions.” The work restrictions slowed Jensen’s time to complete his conductor training, the lawsuit said.
Several of Jensen’s work documents, including his on-the-job training logbook, were destroyed in the fire after the crash, the lawsuit said. He informed the trainmaster of this nearly seven months later.
The next day the trainmaster said the situation was “bad,” and a replacement logbook would be issued, the lawsuit said.
About 20 days after reporting the destroyed logbook, Jensen was told he was being terminated, the lawsuit said.
The reason for terminating Jensen was a pretext, in part because it should have been well known that the fire destroyed documents on the train and the logbook could have easily been replaced, the lawsuit said.
“It is evident that the [railroad] was looking for a reason to terminate [Jensen] in retaliation for the delay caused in his training because he followed the treatment plan of his physician with regard to his ability to work and the fact that he had reported an injury,” the lawsuit said.
The railroad should have known about the track washout because Jensen and his crew informed the company before the derailment, the lawsuit said.
Jensen filed a complaint with Occupational Safety and Health Administration on April 30, 2024, and more than 210 days have elapsed without a final decision, the lawsuit said. After such time elapses Jensen is allowed to file a lawsuit.
