Railroad Crush Injury Lawyers | Hildebrand McLeod & Nelson

Crush injuries are among the most painful railroad workers can sustain. Unfortunately, they can occur in a wide range of scenarios and can have significant and lasting impacts. If you’ve sustained a crush injury as a railroad worker, please don’t hesitate to contact the FELA lawyers here at Hildebrand McLeod & Nelson for a free consultation today.

Causes of Railroad Crush Injuries

Crush injuries in the railroad industry can result from various situations, often due to the nature of the work environment and the heavy machinery involved. Common causes include:

Equipment Malfunctions: Defective machinery or equipment, such as malfunctioning couplers or brakes, can lead to unexpected movements and cause severe crush injuries.
Derailments: When a train derails, workers can be trapped between train cars or other heavy equipment, leading to serious crush injuries.
Slip, Trip, and Fall Accidents: Falls from heights or onto tracks can result in workers being crushed by oncoming trains or rolling stock.
Caught-Between Accidents: Workers may become trapped between two objects, such as train cars, during coupling or uncoupling procedures.
Heavy Lifting and Material Handling: Improper handling or lifting of heavy materials can cause equipment or loads to shift unexpectedly, potentially crushing a worker.
Improperly Secured Loads: When cargo is not properly secured, it can shift during transit or handling, crushing workers who are nearby.
Inadequate Safety Protocols: Lack of proper safety measures or failure to follow established safety procedures can create hazardous conditions that lead to crush injuries.
Poor Visibility: Working in low-light conditions or during adverse weather can reduce visibility, increasing the risk of accidents where workers are crushed by moving equipment or vehicles.

Steps to Take After a Railroad Crush Injury

If you’ve sustained a crush injury while working on the railroad, it’s crucial to take immediate steps to protect your health and legal rights. Those steps are as follows:

Seek Immediate Medical Attention: Prioritize your health by getting medical help right away. Even if the injury seems minor, crush injuries can lead to serious complications, and early treatment is essential.
Report the Injury to Your Employer: Notify your supervisor or employer about the injury as soon as possible. Make sure to provide a detailed account of the incident, including the location, cause, and any witnesses.
Document the Scene and Injuries: If possible, take photographs or videos of the accident scene and your injuries. This documentation can be crucial in building a strong case.
Keep a Record of Medical Treatments and Expenses: Maintain detailed records of all medical treatments, prescriptions, and any related expenses. This information will be important for your FELA claim.
Avoid Giving Recorded Statements: Do not provide recorded statements to railroad representatives or insurance companies without first consulting with a lawyer. These statements can be used against you to minimize your compensation.
Consult a FELA Attorney: Reach out to an experienced FELA lawyer to discuss your rights and options. A knowledgeable attorney can guide you through the claims process and help ensure you receive the compensation you deserve.
Follow Your Doctor’s Orders: Adhere strictly to your doctor’s recommendations and treatment plans. Failing to do so could negatively affect your health and your legal case.

Qualifying for a FELA Claim

To qualify for a claim under the Federal Employers’ Liability Act (FELA), certain criteria must be met to establish the railroad company’s liability for your injuries. They are as follows:

Proof of Employer Negligence: You must demonstrate that your employer’s negligence, even if minimal, played a part in causing your injury. This could involve failing to provide a safe work environment, inadequate training, or lack of proper equipment maintenance.
Injury Occurred During the Course of Employment: The injury must have occurred while you were performing duties as a railroad worker. It does not cover injuries sustained outside of work or during non-work-related activities.
Direct Causation: There must be a clear causal link between the employer’s negligence and your injury. This means showing that the employer’s failure to act appropriately directly led to the conditions that caused your injury.
Adherence to Statutory Deadlines: FELA claims must be filed within a specific period, generally within three years from the date of the injury. Filing within this timeframe is essential to maintain your right to seek compensation.
Extent of Damages: The claim must detail the damages suffered, including medical expenses, lost wages, pain and suffering, and any permanent impairment or disfigurement resulting from the injury.

When Defective Equipment Causes a Crush Injury

Many railroad crush injuries involve exactly the equipment federal safety laws regulate — couplers and brakes among them. When a crush injury results from equipment that violates the Safety Appliance Act, the legal analysis can shift in the worker’s favor. A violation of the Safety Appliance Act’s equipment standards is treated as negligence per se under FELA, meaning the injured worker does not have to separately prove the railroad was careless. Showing that the violation occurred and contributed to the injury can be enough to establish liability. This is significant in crush cases, where defective couplers, hand brakes, or other safety appliances are frequently involved.

Contact Our Railroad Crush Injury Lawyers

Hildebrand McLeod & Nelson is a steadfast law firm that is dedicated to representing injured rail workers in California and throughout the Western United States. If you’ve been harmed due to dangerous railroad conditions, contact our legal team for a free initial consultation.