OSHA has estimated that over 1/3 of all workplace injuries resulting in missed work days are due to lifting. These injuries can occur due to the weight of the things being lifted, awkward postures, repetitive motions and inadequate staffing resulting in overexertion. Also contributing to the prevalence of these injuries is often the lack of assistive devices that would take the burden off of the people performing the work.
Railroad worker injuries are covered by a federal law called the Federal Employers’ Liability Act (FELA). This law allows railroad workers to recover for pain, suffering, lost wages and other damages, but is different from a state workers’ compensation claim. A successful FELA claim for compensation for a railroad worker requires showing that the railroad employer was negligent in causing the worker to suffer the injury. An experienced railroad injury attorney can assist a worker in focusing away from arguments that the worker used improper techniques to focus on the pervasive issues of understaffing, productivity goals and outdated methods to demonstrate railroad negligence.
Another cause of railroad lifting injuries is often the lack of available assistive devices like jib cranes, hoists, or lifting straps. A railroad might have only one operable crane in a shop that must be shared by various departments, or may have never purchased any assistive devices for particular areas of a shop given their cost to install and maintain.
An important development in the cases interpreting the FELA was the case of Rodriguez v. Delray Connecting Railroad. In Rodriguez, the court analyzed the requirement that a railroad provide “reasonably safe” tools and equipment. The court found that the plaintiff was allowed to present evidence of safer alternative methods to perform the job to demonstrate the railroad’s negligence in keeping up with evolving safety standards. This case, and others like it, provides the basis to demonstrate that the negligence that results in a railroad worker being injured can happen in a boardroom where financial decisions are being made as to what tools and assistive devices the railroad is going to purchase and provide to workers.
If you are a railroad worker who has been injured at work, contact us to discuss your situation.
