Our law firm recently represented a railroad track worker who sustained back and shoulder injuries while using a spike maul to drive railroad spikes. The amazing thing about our client’s accident is that it didn’t have to happen. There were hydraulic spikers available, but our client’s supervisor did not want the track crew to take the extra time necessary to set up a spiker because of the small number of spikes that had to be set. As a result of the railroad supervisor’s decision, our young railroad client was permanently disabled from his railroad job and incurred huge past and future lost wages, not to mention all the pain and suffering from his injuries and surgery. In the course of helping this railroad worker and his family in his FELA¹ case, our law firm uncovered significant evidence that greatly increased the amount of money paid by the railroad.
Prior blogs have discussed the FELA is different from worker compensation laws. Under the FELA, railroads must provide a safe place to work. Understanding this legal requirement is the key to success. In the spike maul case discussed above, we discovered that the railroad was part of a railroad trade organization known as the Association of American Railroads (AAR). The AAR had published a study back in 1986 which proved that the nation’s railroads were well-aware of the risks of using spike mauls, as well as other hand tools. The authors of the AAR study found that “ten percent of all injuries to railroad employees are associated with the use of tools…Half of these injuries involve hand tools. Use of the claw bar and spike maul was analyzed because of the high incidence of injury associated with their use.”²
The AAR study ranked various railroad track tools in terms of the frequency of them being involved in worker injuries:
- Spike Maul
- Claw Bar
- Chisels
- Tie Tongs
- Lining Bar
- Track Jack
- Sledgehammer
- Track Wrench
- Pick / Pick Axe
- Rail Saws
- Chain Saw
- Spike Drivers
- Spike Puller
- Track Shovel
Railroad worker injuries can often become even more traumatic for workers because of the fact that certain railroads do not allow injured workers to perform light-duty work while they are recovering. This means added financial stress and worries for workers and their families. It can also mean being medically disqualified from railroad employment if your doctor imposes permanent medical restrictions on you, such as a 25-pound lifting restriction.
Over the last three decades, our railroad injury attorneys have represented a large number of railroad workers who have been hurt while using hand tools. These injuries include:
- Back injuries, including lumbar disc herniation, lumbar disc bulging, torn lumbar discs, and serious sprains
- Neck injuries, including cervical disc herniation, cervical disc bulging, and serious sprains
- Nerve injuries and impingement caused from serious back and neck injuries
- Tendonitis and bursitis
- Shoulder injuries, including rotator cuff tears, impingement syndrome, labral tears, SLAP tears, and others
- Wrist and elbow injuries
- Broken bones
- Eye injuries
- Facial fractures
- Closed head injuries
- Brain injuries
If you or a loved one were injured while working for a railroad and using hand tools, it is important that you understand your rights to obtain compensation. Call or email the railroad injury lawyers at Doran and Murphy for a free and confidential consultation.
¹Federal Employer’s Liability Act, 45 USC Section 51
²Association of American Railroads, Publication R-639. “An Evaluation of Hand Tool Design and the Method of Use of Railroad Tools on Back Stress and Performance.” (October 1986).
³CDC Website- https://wwwn.cdc.gov/niosh-mining/MMWC/Injuries/Count
