Getting On and Off Moving Equipment Injuries

Getting on and off moving equipment (GOOME) injuries are an unfortunate yet fairly common reality for railroad workers. That said, if you’ve sustained such an injury, you may be entitled to compensation through a FELA claim. Continue reading and contact our skilled FELA lawyers to learn more about how we can assist you through each step of the legal process today.

Getting On and Off Moving Equipment (GOOME) Injuries

Injuries sustained while getting on or off moving equipment are among the most common types of accidents railroad workers experience. These incidents can result in serious, sometimes life-altering injuries. Here are some common examples and causes of GOOME injuries:

• Slips, Trips, and Falls: Uneven surfaces, poor lighting, or slippery conditions due to oil, grease, or water can cause workers to slip, trip, or fall while boarding or disembarking from moving trains or equipment.
• Improperly Maintained Equipment: Broken or poorly maintained steps, ladders, or handrails can lead to falls and other injuries. Additionally, malfunctioning or absent safety equipment, like grab irons or handholds, can increase the risk.
• Defective Safety Devices: Safety devices such as automatic hand brakes or coupling systems that fail can result in workers being caught or crushed between cars.
• Inadequate Training or Supervision: Workers not properly trained in safe boarding and disembarking procedures may be at a higher risk of injury. Lack of supervision can also lead to unsafe practices.
• Sudden Movements: Unexpected jerks or movements of the train or equipment can cause workers to lose their balance, resulting in falls or other injuries.
• Hazardous Weather Conditions: Adverse weather, such as rain, snow, or ice, can create slippery conditions, increasing the risk of injury when getting on or off equipment.
• Inadequate Signaling or Communication: Poor communication between crew members regarding train movements can lead to injuries when workers are unaware of impending shifts or changes in speed.

What Constitutes a Valid FELA Claim?

For a worker to have a valid FELA claim, they and their lawyer must demonstrate the following:

• Proof of Employer Negligence: A valid FELA claim requires demonstrating that the railroad company or its employees were negligent. This could include failing to maintain equipment properly, providing insufficient training, or not following safety protocols.
• Causation: It must be shown that the railroad’s negligence played a part, even the slightest, in producing the injury. This standard is more forgiving than the proximate cause required in ordinary negligence cases.
• Injury and Damages: The worker must have suffered an injury and resulting losses. This includes both physical injuries and psychological harm resulting from the incident.

Importantly, the statute of limitations for most FELA claims is three years. For a sudden accident, that period runs from the date of the injury, and a lawsuit must be filed within this timeframe or the injured worker may lose their right to pursue compensation. However, there are some exceptions and nuances to consider:

When the Three-Year Clock Actually Starts

For injuries that develop gradually, the three years run from when the worker knew or reasonably should have known that the injury was work-related, not from any single event. Because that date is often disputed, it is worth raising early.

Contact Our FELA Attorneys Today

Don’t face a serious railroad injury without a skilled legal team in your corner. Contact the knowledgeable and skilled FELA lawyers here at Hildebrand McLeod & Nelson LLP for comprehensive representation today.