Railroad workers know that their job is a tough one. They are expected to work 365 days/year and 24 hours/day in all types of weather conditions. If that is not bad enough, railroad workers face additional risks during wintertime, given the cold temperatures, snow, sleet, and ice. A prior blog addressed slip and fall injuries, but this blog will focus on slips and falls related to wintertime hazards. Cold temperatures can lead to increased risk of injury from any one of the following:
- Slip and falls on ice and snow in railroad parking lots and railroad yards.
- Slip and falls on slippery railroad locomotive catwalks or in locomotive cabs.
- Slips from ice covered ladders on railroad cars or locomotives.
- Tripping on snow covered debris (old brake shoes, railroad spikes, garbage, etc.) that is covered by snow in railroad yards so it is not visible to workers.
Each of these scenarios is covered by the Federal Employer’s Liability Act (FELA) and would allow an injured worker to seek compensation from the railroad for lost wages, medical expenses, emotional distress, and pain and suffering. Under the FELA, the railroads have a duty to provide a safe place to work and that includes removal of snow and ice to prevent injury. As a result of this duty, railroads must keep walking surfaces, parking lots and catwalks clear of snow and ice.
If a slip and fall occurs on a locomotive, a separate federal statute may apply – the Locomotive Inspection Act. This statute was discussed in prior blog and can result in the imposition of absolute liability. This means that a railroad is liable for the injury even if it was not negligent and the railroad cannot try to blame the worker for getting hurt.
Importantly, even if the railroad provides safety equipment — such as anti-slip spikes or “ice cleats” – it does not get a “free pass” on safety. Oftentimes the spikes that are provided by railroads are not the proper ones for the working conditions. For example, a railroad which provides metals spikes to be used on concrete or metal walking surfaces may only make the situation more dangerous. If a railroad worker is hurt as a result, the worker is eligible for FELA compensation.
Over the last 30 years, our railroad injury lawyers have represented countless workers in slip and falls related to winter weather, snow and ice. Our clients have suffered serious and sometimes career-ending injuries, including:
- Broken ankles, legs, arms, and wrists.
- Back and neck injuries, such as fractures, disc herniations and severe sprains.
- Shoulder and arm injuries, such as rotator cuff tears, impingement syndrome, labral tears or torn bicep muscles.
- Knee injuries, such as a torn ACL or MCL ligament or a torn meniscus.
If you have been injured in a slip and fall related to ice and snow, call the railroad injury attorneys at Doran and Murphy! We have decades of experience in these types of railroad injury lawsuit cases and can help protect you and your family. We don’t get paid unless we are successful in getting you the compensation you deserve!
