When working on a railroad, accidents and injuries are not caused by the railcars alone. That is, railroad workers work with tools, equipment, and machinery every day. And if any of these devices are faulty, malfunctioning, or deemed unsafe in any capacity, it could have life-changing and catastrophic results. You may have done everything in your power to handle these appliances safely, but extenuating factors beyond your reasonable control may have made this accident inevitable. Without the need for further introduction, please read on to discover the consequences of handling unsafe tools and equipment on the railroad, and how one of the seasoned defective railcar equipment injury lawyers at Hildebrand McLeod & Nelson LLP can help protect your rights and pursue compensation for your tragic experience.
How can unsafe tools and equipment cause injuries to railroad workers?
First of all, unsafe tools and equipment can fail without warning. This means that a railroad worker may not have enough time or space to avoid impact, entrapment, or being struck once it does. That said, below are more specific examples of how tools and equipment can cause injury, which you may closely relate to the personal events of your accident:
- The blades of a power tool may be damaged or poorly maintained, which may cause a worker to incur an eye injury, laceration, puncture wound, or amputation.
- The tools used to couple and uncouple a railcar may malfunction, which may cause a worker to get crushed between two cars and break or fracture bones.
- The on-site ladders, steps, and footholds may be missing anti-slip features, which may cause a worker to slip and fall from a great height and hurt their head, neck, or back.
Do I have a valid FELA claim if a tool or piece of equipment injured me?
Generally speaking, if you were forced to or unknowingly handled an unsafe tool or piece of equipment during your railroad work, and it resulted in your serious injuries, you may have a valid Federal Employers’ Liability Act (FELA) claim on your hands. Even still, you must prepare for the possibility that your employer will attempt to spin the blame around to you.
That is, your employer may try to claim that the tool or equipment in question was standard issue and was compliant with enforced safety policies. However, there are still legal strategies you may adopt to counter this argument. They read as follows:
- There were alternative tools and equipment known to be safer, but your employer still did not implement them.
- There was an expectation to do heavy lifts without always having access to necessary assistive lifting equipment.
- There was pressure to perform tasks with dangerous tools and equipment without completing the proper safety training first.
- There was personal protective equipment supplied, but it was outdated, poorly fitted, or inadequate for safety standards.
To conclude, please prioritize scheduling an initial consultation with one of the competent defective railcar equipment injury lawyers from Hildebrand McLeod & Nelson LLP. We would be honored to represent you in your legal case.
