An MTA worker who lost part of his leg and shattered the other after getting struck by a train earlier this year filed a negligence lawsuit against the city Thursday.
Andre Downes – a signal helper and flagger for the transit agency – was hit by a northbound express Q train as he and a crew were investigating a signal failure on the tracks near the 8th Street-NYU station on Jan. 9.
Downes, 26, had to have part of his left leg amputated and he suffered multiple fractures in his right leg, according to his earlier case seeking surveillance footage and other evidence so he could bring his lawsuit.
The five-year MTA veteran is accusing the city of negligence for failing to provide a safe work environment, failing to warn Downes of the oncoming train and for failing “to have proper guards over the platform and/or tracks,” according to the Manhattan Supreme Court lawsuit from Thursday.
While the train operator saw Downes — who was wearing a reflective vest as he was walking away from the oncoming train — they were unable to stop the train in time, according to an internal report from the time.
Downes is suing for unspecified damages.
Downes’ lawyer Scott Rynecki told The Post in an interview in January the MTA fails to properly protect its workers — and said there should be better safe guards to prevent these types of accidents.
“It’s unfair. These track workers put their lives at risk every time they step out there,” Rynecki said at the time. “We don’t think the MTA is doing enough to protect these workers.”
“Somebody messed up pretty bad,” Rynecki said. “He was doing what he was supposed to do. The next thing he knows, he has a train barreling down on him.”
Downes had to undergo several procedures and was in “excruciating pain,” following the accident, Rynecki said.
A spokesperson for the city Law Department said it would review the case. A spokesperson for the MTA deferred comment to the Law Department.
