One of the most integral inventions in railroading is the railroad switch – a mechanism that allows a train to move from one track to another. While there are different types of switches and technology that have changed over the years, the basic concept is the same – a lever at a switch stand moves switch points via a connection rod, to divert a train or car from one track to another. The lever is held in place with a switch lock to ensure that passing trains or other forces don’t move the switch out of position, potentially leading to a derailment.
Unfortunately, workers often sustain injuries while throwing a manual railroad switch. Railroad switch injuries can happen due to debris, vegetation, or other obstructions, a need for lubrication, or an issue with any of the mechanical parts of the device. Workers have injured their backs, shoulders, knees, and hips while throwing difficult switches.
Railroads are required to inspect Class 1 and 2 rail switches at least monthly, and they often argue that if they comply with this provision, they are not negligent if a worker is injured while throwing a switch that has been inspected at the proper interval.
An important factor in showing notice is complaints about switches. If other workers have found the switch difficult to throw and reported the switch to the railroad, this can establish notice. It is important that workers report difficult switches in case one of their fellow workers ultimately gets injured. Without recorded complaints, a railroad might be able to escape liability for the injured worker’s lost wages, pain and suffering.
In addition to tracking down prior complaints, an experienced railroad attorney will be able to assist by determining if the monthly inspections were done properly, or if there are circumstances that demonstrate that the railroad should have known that something was wrong and inspected or repaired the switch prior to the injury.
