The operation of heavy machinery is vital to a railway. These machines do everything from repairing tracks to clearing debris. However, they are also a common source of severe injuries. Railroad machine operators face some of the most dangerous conditions in the entire industry. If you have suffered a serious injury as a railroad machine operator, you could be entitled to compensation under federal law. While these laws are similar to state worker’s compensation systems, you must establish that your employer’s negligence was responsible for your injuries. You do not have to face railroad machine operator injuries in New York on your own. Contact a seasoned railroad injury lawyer as soon as possible to learn more.
Common Machine Operator Injuries
There are many different ways a machine operator could suffer an injury on the job. The machinery they use is enormous, with enough weight to cause catastrophic or fatal injuries in a variety of ways.
Crushing accidents are common. This can involve a body part caught between moving parts within the machine. Bystander accidents can occur as well when a person nearby to a heavy machine is injured.
Given the need to work on long stretches of track, most heavy machinery involved in the railroad industry is mobile. This raises the possibility of a railroad worker being run over by this equipment.
Similarly, while rare, track usage conflicts and improper communication can cause through traffic to use the track designated for track repair.
In some cases, the machinery itself can malfunction and cause injury. These large devices can become unsafe if the railroad fails to maintain them in an appropriate manner.
The injuries that can come with any of these accidents vary. In particular, these injuries will depend on the part of the body impacted. Some common examples of railroad machine operator injuries in New York include:
- Traumatic brain injuries
- Broken bones
- Internal bleedings
- Spinal damage
- Neck injuries
- Back injuries
Demonstrating Negligence in a FELA Claim
When most workers file claims under state worker’s compensation laws, they are not required to establish that the employer was negligent. Although the Federal Employers Liability Act (FELA) provides benefits similar to a worker’s compensation claim, establishing negligence is a requirement under the law. If an injured worker cannot show that the railroad was negligent and that their negligence caused the worker’s injuries, the claim will not be successful.
Proving negligence can occur in different ways. An injured machine operator could establish that understaffing or improper training was primarily responsible for their accident. Negligence could also result from the railroad’s failure to maintain its equipment in safe working order.
Speak with an Attorney Regarding Railroad Machine Operator Injuries
Railroad injury claims are unlike any other. Pursuing compensation through FELA might not be simple, but the right legal counsel could maximize your chances of a favorable outcome.
If you are ready to move forward with a FELA claim following railroad machine operator injuries, there is no benefit in waiting. Contact a New York attorney to discuss your rights regarding a FELA claim right away.