Landmark Railroad PTSD Case Signals Broader Shift in Mental Health Coverage
A federal lawsuit filed in December 2025 by former Brightline conductor Darren J. Brown Jr. is shining a spotlight on a critical but often overlooked workplace hazard: repeated traumatic exposure and its devastating psychological toll. The case, Brown v. Brightline Trains Florida LLC (Case No. 9:25-cv-81571-BER), represents more than just one worker's struggle with post-traumatic stress disorder—it exemplifies a growing legal and cultural recognition that mental health injuries are just as real, compensable, and deserving of protection as physical injuries.
The Human Cost of America's Deadliest Railroad
During his five-year tenure as a Brightline conductor (2018-2023), Brown was directly involved in more than ten traumatic incidents, including at least seven confirmed fatalities. National media and federal officials have identified the South Florida corridor where Brown worked as having the highest per-mile death rate among comparable passenger railroad services in the United States.
The complaint details harrowing scenes: pedestrians struck and killed at speeds up to 79 mph, vehicles obliterated at grade crossings, and a notorious "second-train" incident in which a Brightline train was cleared through an active fatality scene while emergency responders were still on foot, re-running over the decedent's remains.
After these events, Brown was repeatedly ordered to leave the cab and walk on foot through smoking and sometimes burning car wreckage, twisted metal, and debris fields contaminated with blood and bodily remains. He was required to inspect the train and right-of-way and visually confirm whether victims were dead, despite having no medical or forensic training and being provided no adequate personal protective equipment or structured decontamination procedures.
FELA: A Different Legal Framework
Brown's lawsuit is filed under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., which governs injury claims by railroad workers. FELA differs significantly from state workers' compensation systems in several key respects:
FELA Claims:
- Fault-based: Employee must prove the railroad was negligent (but only that the employer's negligence played any partin producing the injury—an extremely lenient standard)
- Full damages: Injured workers can recover compensatory damages for pain and suffering, lost wages, medical expenses, and loss of earning capacity without statutory caps
- Jury trials: Cases can be heard by juries, not just administrative boards
- Zone of danger: Psychological injuries have long been recognized when a worker is in the immediate zone of danger of physical impact
- Federal preemption: FELA preempts inconsistent state law remedies
State Workers' Compensation:
- No-fault: Workers don't need to prove employer negligence
- Exclusive remedy: Generally can't sue employer separately for additional damages
- Limited benefits: Fixed schedules for medical expenses and partial wage replacement
- Administrative process: Claims decided by administrative agencies, not juries
- Historically restrictive: Mental health claims have traditionally faced significant barriers
The Zone of Danger: FELA's Progressive Approach to Mental Health
Under the Supreme Court's decision in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994), FELA permits recovery for emotional injury when an employee is placed within the immediate zone of danger due to the employer's negligence. Brown's complaint meticulously documents how he was involved in at least eight fatal incidents and narrowly escaped harm during the November 2018 "second-train" incident, repeatedly placing him in the zone of danger.
Each incident involved grave physical risk and required Brown to act amid hazardous, bloodborne biohazards, fire, and debris without protective equipment. These exposures meet the Gottshall test, making his PTSD, flashbacks, panic attacks, and hypervigilance compensable under FELA.
On October 5, 2023, Brightline's own contracted trauma clinician, Anthony Gonzalez, LCSW, formally evaluated Brown and diagnosed him with chronic Post-Traumatic Stress Disorder. Standardized testing confirmed clinically significant PTSD and anxiety, with Brown scoring 56 on the PTSD Checklist for DSM-5 (PCL-5)—well above the clinical cutoff of approximately 31-33.
Workers' Compensation: Catching Up on Mental Health
While FELA has long recognized psychological injuries, state workers' compensation systems have historically been far more restrictive. Mental health claims often faced significant barriers:
- Requirements that mental injuries stem from sudden, traumatic events rather than cumulative stress
- Higher burden of proof standards
- Exclusions for "mental-mental" claims (psychological injury without physical trauma)
- Skepticism about the legitimacy of psychological conditions
However, a significant trend is emerging: states are increasingly recognizing mental health parity and expanding coverage for psychological injuries. New Jersey's recent legislation provides a powerful example of this shift.
New Jersey's Groundbreaking Mental Health Protection
On August 21, 2025, New Jersey enacted P.L. 2025, c. 134 (Assembly Bill 5792), which requires workers' compensation to cover 12 hours of counseling for first responders following certain traumatic events. Governor Phil Murphy signed this groundbreaking legislation, which applies to entities employing law enforcement officers, firefighters, emergency medical personnel, and 911 dispatchers.
Key provisions include:
- Immediate coverage: 12 hours of counseling are covered immediately following qualifying traumatic events
- Extended treatment: If the provider declares additional counseling would be beneficial, employers must pay for an additional 24 hours (total of 36 hours possible)
- Worker choice: First responders can choose their treating provider
- Comprehensive scope: Covers events including firing a weapon, exchange of gunfire, suffering serious bodily injury, witnessing serious bodily injury, and investigating crimes against children
- Unanimous support: Passed unanimously in both the Senate and Assembly, demonstrating bipartisan recognition of the issue
The legislation recognizes that mental health issues among first responders have reached critical levels. As New York State Senator Jessica Ramos stated: "Not all injuries are physical, but all workers should get support for injuries sustained on the job."
Comparing the Two Systems: Lessons Learned
When we compare Brown's experience under FELA with New Jersey's progressive workers' compensation approach, several insights emerge:
Advantages of FELA for Psychological Injuries:
- Long-established recognition: The "zone of danger" doctrine has provided a pathway for psychological injury claims for decades
- Full compensation: No caps on damages means workers can be fully compensated for the totality of their harm
- Accountability: The fault-based system incentivizes railroads to maintain safe working conditions
- Flexibility: Juries can consider the unique circumstances of each case
Advantages of the New Jersey Workers' Comp Approach:
- Immediate access: Automatic coverage of initial counseling removes barriers to early intervention
- No-fault: Workers don't need to prove negligence, reducing litigation costs and delays
- Certainty: Clear guidelines about what's covered and when
- Prevention focus: Immediate counseling may prevent acute stress from developing into chronic PTSD
What Brightline Got Wrong:
According to the complaint, Brightline's approach to trauma care was woefully inadequate:
- One-size-fits-all: Typically, offered just one paid day off under EAP after fatal incidents, regardless of severity
- Conditional support: Additional days (usually up to two more) were contingent on speaking with Brightline's contracted therapist and receiving approval
- Staffing over health: Mental health days were explicitly conditioned on "manpower" and coverage rather than clinical need
- Inadequate protocols: No structured decontamination, inadequate PPE, pressure to return to service quickly
- Retaliatory culture: Employees discouraged from taking leave after fatalities, mocked for showing vulnerability
When Brown submitted a qualifying FMLA request in late September 2023, supported by medical certification from Brightline's own clinician, the company failed to grant appropriate leave or accommodations. Text messages with supervisors show explicit conditioning of leave on staffing rather than medical need, and threats that further leave "couldn't be covered due to manpower."
The Broader Trend: Mental Health Parity in Occupational Injury Law
Both the Brown lawsuit and New Jersey's legislation reflect a broader cultural and legal shift:
- Recognition of cumulative trauma: Understanding that repeated exposure to traumatic events—not just single shocking incidents—can cause severe psychological injury
- Mental health parity: Treating psychological injuries with the same seriousness and providing the same level of benefits as physical injuries
- Early intervention: Providing immediate access to mental health services to prevent acute stress from becoming chronic conditions
- Evidence-based approaches: Incorporating research showing that railroad engineers, conductors, first responders, and others in high-trauma occupations frequently develop PTSD
- Removing stigma: Creating systems that encourage workers to seek help rather than "tough it out"
- Employer accountability: Holding employers responsible when they create or fail to mitigate known psychological hazards
Why This Matters for All Workers
While Brown's case involves railroad workers under FELA, and New Jersey's law covers first responders under workers' compensation, the principles have far-reaching implications:
- Healthcare workers dealing with patient deaths and violence
- Social workers exposed to child abuse cases
- Journalists covering wars, disasters, and violence
- Corrections officers working in violent environments
- Retail and service workers are experiencing threats and violence
- Any worker in a high-stress, high-trauma occupation
As authoritative psychiatric and legal literature has for years recognized, workers in these fields frequently develop PTSD after repeated exposure to traumatic events. When the carrier (or employer) is negligent, and the worker is in the "zone of danger" of physical impact, such injuries should be—and increasingly are—compensable.
What Employers Should Learn
The Brown case and New Jersey's legislation offer clear lessons for employers:
- Implement comprehensive critical-incident response protocols: Immediate psychological first aid, counseling, and support services following traumatic events
- Provide trauma-informed leave policies: Sufficient paid leave and job protections for employees who experience or witness traumatic on-duty events, without conditioning leave on staffing needs
- Comply with federal safety regulations: Including full adherence to all applicable FRA rules and any FRA-approved critical incident stress plans
- Eliminate retaliatory cultures: Prohibit retaliation against workers for seeking mental health support or taking FMLA leave
- Allow worker choice: Let employees choose their mental health providers rather than forcing them to see company-selected clinicians
- Provide adequate recovery time: Recognize that mental health conditions require time to treat, just like physical injuries
- Address systemic hazards: When federal regulators and media scrutiny identify known dangers (like Brightline's corridor being labeled the "deadliest railroad in America"), take immediate action to reduce risks
Looking Forward
The Brown v. Brightline case is still in its early stages, but it represents a potential watershed moment in recognizing the psychological toll of high-trauma occupations. If Brown prevails, it could:
- Establish precedent for substantial damages in railroad PTSD cases
- Force the railroad industry to take mental health seriously
- Encourage other traumatized railroad workers to come forward
- Demonstrate that FELA's zone-of-danger doctrine applies robustly to cumulative psychological trauma
- Pressure Brightline to finally implement the safety upgrades that federal grants were intended to fund
Meanwhile, New Jersey's legislation—and similar laws likely to follow in other states—signals that workers' compensation systems are evolving to recognize mental health parity. The unanimous passage in both chambers of New Jersey's legislature demonstrates that protecting worker mental health is not a partisan issue but a human one.
Conclusion
Darren Brown's lawsuit against Brightline and New Jersey's first responder mental health legislation are two sides of the same coin: a growing recognition that workplace trauma causes real, compensable psychological injuries that deserve the same protection as physical harm.
Whether through FELA's fault-based system with its zone-of-danger doctrine or through progressive workers' compensation systems with immediate counseling benefits, the law is catching up to what mental health professionals have long known: repeated exposure to death, violence, and trauma in the workplace can destroy a person's mental health just as surely as a physical accident can break bones.
The question is no longer whether these injuries are real and compensable—they clearly are. The question is whether employers will proactively create safe, supportive environments that prevent and mitigate psychological trauma, or whether they will continue to sacrifice worker mental health in the name of operational efficiency until courts and legislatures force them to change.
For railroad workers, first responders, and all those in high-trauma occupations, the message is clear: your mental health matters, your trauma is real, and the law is increasingly on your side.
Recommended Citation: Gelman, Jon L., Trending: Workplace Psychological Trauma Litigation, Workers' Compensation, 12/18/2025.
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