Hidden Dangers in Railroad Work

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It’s easy to go numb and become insensitive when you deal with these types of claims day in and day out. But apathy is what we’re fighting against, and it tends to cloud out who we’re fighting for.

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This was an example of the employer punishing the employee for having an accident and asserting her right to workers’ compensation benefits. My client was driving a charter bus full of school children. One child was in a wheelchair and needed a parent to assist getting him on and off of the bus. At one stop the parent was having trouble getting the child back on, so my client helped. Unfortunately, she hut her lower back in the process.

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ALBERT V. STRATEGIC RESTAURANTS ACQUISITION CO.

In 2013, Louisiana had enacted a new process, called a Preliminary Determination Hearing, to allow an employer a practice trial in front of the workers’ compensation judge and get an advisory opinion on the issues raised by the claimant in the lawsuit.  The decision was not binding, nor could it be appealed.  The losing side had the opportunity to accept the recommendations and avoid the penalty of possible penalties and attorney fees, or could proceed to a trial on the merits.

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SALOMONE V. GREATER GULF COAST AUTO AUCTIONS

This is probably my fondest case over my entire career because it was a true David vs. Goliath story, and a perfect example of how an insurance company can build trust with an injured worker and use that trust to its advantage.

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Hidden Dangers in Railroad Work

In 2023, 3,435 railroad employees sustained injury. (Bureau of Transportation Statistics). For the 138,792 people employed in railroad work that year, it’s an injury rate of 2.5%.

For these workers, some dangers are obvious, as they face daily risk of collisions, slip and fall accidents, and electrical shock. Other dangers of the job may be hidden.

Introduction to Hidden Hazards in the Railroad Industry

Some hidden dangers in the railroad industry are exposures that may be unexpected. They may be cumulative and go unnoticed in busy day-to-day railway work. Other hidden hazards are acute injuries that are lesser known. These hidden dangers may result in serious injury and disease for workers. 

Five Hidden Dangers for Railroad Workers

1. Toxic and carcinogenic occupational exposure

A railroad worker may be exposed to harmful substances by breathing, absorption, ingestion, or touching. There are many types of substances that can be harmful, and a person may encounter them in multiple forms. They may work with chemicals on the job or encounter a harmful substance because of a spill. A cut may leave them susceptible to exposure.

A person may experience cancer, respiratory distress, skin trauma, infection, or poisoning. For example, a 2004 study found elevated rates of railroad worker lung cancer for workers on diesel-powered trains. 

2. Repetitive stress and cumulative trauma

Injury can happen suddenly. A person may be subject to blunt force because of a collision, fall, being struck, being run over, or from an electrical source. 

However, injury can also happen slowly, over time. A person may perform repetitive tasks and may not have the necessary rest between tasks. They may not have the machinery or personal protective equipment needed to perform the job safely. Exposure to repetitive stress can result in injury.

Over time, a worker may experience cumulative trauma to muscles, nerves, tendons, joints, and discs. They may suffer from:

  • Carpal tunnel syndrome
  • Rotator cuff syndrome
  • De Quervain’s disease
  • Trigger finger
  • Tarsal tunnel syndrome
  • Sciatica
  • Epicondylitis
  • Tendinitis
  • Raynaud’s phenomenon
  • Carpet layers knee
  • Herniated spinal disc
  • Back pain

While there may be multiple employees doing similar activities that experience similar trauma,  a worker may be the only one who suffers cumulative trauma. Repetitive stress and cumulative injury may be work-related if it is the result of on-the-job activity. Just like employers have a duty to reduce the risks of acute trauma, they must also identify and reduce risks of repetitive stress injury for railroad workers. 

3. Psychological injury

Psychological stressors in railroad work are always present. Workers may experience or witness a collision or may see a person or object present on the tracks and in danger. They work with the knowledge that they are in an industry with a high risk of injury.

A worker may experience a range of mental traumas including Post-Traumatic Stress Disorder (PTSD), anxiety, and depression. Sleep disruption, fatigue, irritability, hypervigilance, and recurring thoughts may all occur. These symptoms may continue for a significant period of time. Even events that seem less intense or that cause a less immediate response may cause significant psychological trauma. These injuries may prevent them from continuing in railroad work. Significant medical care may be required.

4. Sight, hearing, and other senses

Occupational hearing loss is a hidden danger in railroad work. Employees may be exposed to noise levels that are high enough to cause hearing loss but low enough that the worker does not experience pain. These sound levels can pose a danger of permanent loss. In addition, traumatic injury can result in vision loss or abnormalities.

5. Violence

Railroad workers face the hidden danger of workplace violence. They may face violence from other coworkers. They also work with the public and face danger from terrorist attacks or an isolated criminal attack. Physical assaults, firearm violence, and assault with a weapon are risks that a person may encounter in their employment. There is also a risk of sexual violence. 

There may be various causes of violence towards railway workers, including robbery when a worker collects money from ticket sales or in a dining car. A worker may intervene in a fight or shoving dispute, suffering injury. They may face threats of physical assault as the result of a passenger upset with a situation or failing to follow employee instructions. Workplace activity may occur at night or in poorly lit conditions, increasing the risk of harm.

Environmental and Occupational Hazards

For railroad workers, environmental and occupational hazards may be constant. They may also be controlled. For example, prompt communication of activity can help workers avoid situations where a collision may occur. Abiding by hours of service regulations may help prevent operator error. Providing safety equipment, including fall protection, may reduce the number of injuries. Keeping track, signaling equipment, and trains in good condition can prevent malfunction. Railroad companies must take reasonable steps to avoid negligence, mitigate environmental and occupational hazards to their employees. If they don’t, they may be legally liable to pay damages to an injured worker.

Legal Options for Injured Railroad Workers

When a railroad worker is injured on the job, they may receive compensation. The right to receive compensation applies to cumulative and acute injuries. A person who is hurt in railroad work may have the right to claim compensation under the Federal Employers Liability Act (FELA).

To receive compensation, the injury must be the result of employer negligence. An employer can be negligent in failing to reduce risk of hidden dangers. They must evaluate the workplace for all potential causes of harm.

When bringing a case, the worker must show how the employer was negligent in allowing the danger to occur. In cases involving hidden dangers in railroad work, extra care must be given to explain the danger to the jury. The jury may need help understanding why the actions of the employer were negligent.

Contact an Experienced FELA Claims Lawyer

At Sarphie Law, we handle FELA claims. We know the challenges of claims involving hidden dangers in railroad work. Your rights are important, and we can help you exercise them.

Call or message us now to talk about your case.

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You work hard to care for your family, your community, and your country. Who is going to care for you through an accident or disability? Daren Sarphie will fight to ensure you receive the benefits and support that you deserve.

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