Working on the railroad often entails several tasks that are inherently dangerous, regardless of what position you are in. However, one of the most common injuries workers face involves lifting injuries. Unfortunately, despite how common and seemingly simple this act is, many workers can sustain serious injuries as a result. Additionally, due to the nature of these injuries, workers are often unaware that they can seek compensation under the Federal Employers’ Liability Act (FELA). If you’re wondering whether lifting injuries are covered, the following blog explores what you should know about these accidents and the importance of connecting with a FELA lawyer to explore your legal options.
What Are Lifting Injuries and How Do They Happen?
Lifting injuries, as the name suggests, are injuries sustained while lifting or moving, most often heavy objects. In some instances, these injuries can occur as a direct result of the weight of the object, incorrect form, or due to the repetitive motion of lifting heavy objects.
Unfortunately, there are a number of ways in which someone can sustain a lifting injury while employed on the railroad. In general, you’ll find that the most common occurrence is that workers do not receive the necessary training on how to properly lift heavy equipment or materials. All employees who are required to perform heavy lifting as part of their job responsibilities should undergo training to ensure they understand the proper form to reduce the risk of injuries.
The most common injuries that occur as a result of lifting are soft tissue injuries like sprains, strains, or slipped discs. However, bone fractures, particularly those in the spine, can occur as a result of the immense weight of an object.
How Can I Prove Negligence In These Instances?
In order to file a successful FELA claim against your employer, you must show that they were, at least in part, negligent in the accident that caused your injuries and subsequent damages. Unfortunately, due to the nature of lifting injuries, many railroad employees assume there is nothing they can do to hold their employer accountable in these instances. However, it’s important to understand that your employer’s negligence may still come into play.
As mentioned, if you can prove that your employer failed to properly train you on the importance of proper form when lifting heavy objects, they can be held liable for the injuries you’ve sustained as a result. Additionally, if they failed to properly staff the job site, thus requiring you to lift an object on your own when it requires two people, they can also face liability for understaffing.
Finally, if you can prove that the object required additional equipment like a hoist, moving straps, dollies, or even a hand truck to lift and transport, and that equipment was not provided to you, your employer can face liability. This is because it is ultimately their responsibility to provide you with the necessary equipment to safely perform your job duties.
While it may not seem like your employer can face liability for an injury sustained by lifting heavy equipment, this is far from the truth. As such, if you have sustained injuries as a result of negligence on behalf of your employer, it is in your best interest to connect with an experienced attorney. At Doran & Murphy, our team of FELA lawyers will examine the circumstances of your case to help you determine the best course of action for your needs. Contact us today to learn how we can assist you.
