Common Injuries Railroad Workers Incur and What to Do About Them

Railroads are very dangerous places to work. Everything on a railroad is big, heavy, loud and requires operators to engage in repetitive activity or move in ways that are antagonistic to the body's natural movements. As a result, thousands of railroad employees across the country incur injuries every year.

While amputated limbs and crushed skeletal structures may be the first thing that comes to mind when thinking about railroad injuries, the biggest culprit today is far less dramatic. The most common injuries incurred by railroad workers these days are repetitive stress injuries. These are injuries that occur due to repeated exposure to stresses on the body. Among the most common are carpal tunnel syndrome, resulting from repetitive use of the hand, and chronic back pain, resulting from frequently lifting objects -- often heavy objects.

Other repetitive stress injuries include (but aren't limited to):

• tendonitis

• bursitis

• trigger finger

• ganglion cyst

• tennis elbow

• hearing loss

• DeQuervain’s syndrome (tendonitis of the thumb)

• cumulative trauma disorder (part of the body is injured by repeated overuse)

Railroad workers who incur these types of injuries, resulting from repetitive motions, repetitive use of a body part, or repetitive exposure to dangerous conditions, are entitled to compensation from the railroads they work for under the Federal Employer's Liability Act (FELA). Railroads do not fall under Worker's Compensation laws, so Worker's Comp is not available to injured railroad workers. Under FELA, if an injured worker can show that the employer railroad was negligent and that negligence caused the injury, the worker can receive compensation for medical costs, pain and suffering, lost earning potential and other damages.

It's important to note that repetitive stress injuries don't have to be associated with a repetitive motion, though many are. A worker may engage in numerous motions and activities throughout his or her day, but the cumulative damage to a part of the body because of constant use can also result in a compensable injury. So can an injury resulting from repetitive exposure to harmful conditions, such as hearing loss that occurs due to repeated exposure to loud noises.

How to Obtain Compensation for Repetitive Stress Injuries Incurred While Working for a Railroad

In order to be awarded compensation for injuries under FELA, a railroad worker must bring a personal injury lawsuit against his or her employer. The lawsuit must allege that the employer railroad was negligent in some way and that negligence resulted in the injury suffered by the worker.

Liability for repetitive stress injuries can be difficult to prove. The worker's personal injury lawyer must be able to show that particular duties of the worker were most likely responsible for the injuries. The attorney must also show that the employer knew or should have known that the worker's duties would likely result in injury and did not take steps to remedy the danger of the task. For example, many repetitive stress injuries occur because one worker performs a task or job for several hours on end. An employer should know, especially on a railroad, that such activity will eventually wear the body down and cause an injury. Rotating workers between tasks so that each spends a limited time in any particular activity may help avoid such injuries. These points are usually established through the testimony of expert witnesses, including the injured worker's physicians and experts in ergonomics.

Don't Take On Railroads Without an Attorney

Railroad companies employ highly skilled and highly experienced defense attorneys to make sure they have to pay out as little as possible in the way of injury compensation. These attorneys are ruthless, employing deception and confusion to win their case. Injured railroad workers who file FELA claims without the aid of an experienced attorney get eaten alive. But an experienced FELA injury lawyer who understands the depths of the law can refute deceptions, clarify confusion and combat the tactics of railroad defense lawyers.

If you have incurred a repetitive stress injury or other injury as a result of working in unsafe conditions on a railroad, the personal injury and FELA lawyers at Sachs Waldman can help. Call our Detroit personal injury law office at 1-800-638-6722 to schedule a free consultation.