If you’re like most employees, you want to go to work, do your job, and go home. Though you may have your priorities in line, your employer may not. Unfortunately, their negligence can prevent you from doing your job safely and effectively, resulting in a severe disruption of your life. One of the most dangerous aspects of railroad work is also one of the most prevalent: track ballast. If you have been injured or fallen ill and your employer’s negligent actions in laying and maintaining ballast are to blame, you’ll want to keep reading. The following blog explores the dangers of this material and how a FELA lawyer can help if you’re injured.
What Is Ballast and Why Is It Dangerous?
Railroad ballast is comprised mostly of crushed stone and other materials used to hold the train tracks in place by helping to distribute the train’s weight on the tracks.
Though track ballast plays a critical role in the function of trains, if your railroad company cuts corners when installing and maintaining this material, it can be dangerous for workers. If improperly laid, ballast can result in serious injuries, as walking on this surface, also referred to as “ballast walking,” can result in several injuries. Most commonly, workers who traverse uneven surfaces constantly are more prone to slips, trips, and falls. In addition, walking on this material when laid improperly can take a toll on the joints, specifically the knees, causing pain and discomfort.
It’s also important to note that when improperly produced and subsequently disturbed in the railyard, ballast can release silica dust into the air. This dust, when inhaled for extended periods of time on a daily basis, can result in silicosis, which causes the formation of scar tissue in the lungs.
What Should I Do if I Believe This Caused My Injury or Illness?
If you have reason to believe that improper ballast is to blame for an injury you’ve suffered or a recent diagnosis, understanding your legal options is imperative.
In the event you are injured, the first thing you should do is notify your shift supervisor of the injury so they can begin a report. If they try to talk you out of filing a report, you should insist on documenting the accident. You should then seek medical treatment for the injuries you’ve endured before contacting an experienced attorney.
If you believe your recent diagnosis is the result of ballast, it can feel like there is nothing you can do, as you may not have worked for the railroad in years. As such, you may assume that it is past the statute of limitations. However, it’s imperative to understand that because some illnesses can take years to develop, the Federal Employers’ Liability Act (FELA) allows for claims to be filed within two years of the date the illness was or should have been discovered. This allows workers who have fallen ill due to negligence to pursue their legal options.
Filing a FELA claim can be incredibly challenging, so working with an experienced attorney is strongly recommended to improve your chances of a favorable outcome. At Doran & Murphy, our experienced team of railroad lawyers is ready to assist you during these challenging times. When your life is turned upside down due to the negligent actions of your employer, we can help you in the fight for justice. Contact us today to learn more.
