Crush accidents can be catastrophic, and understanding how these incidents occur can help you protect yourself and your legal options. Continue reading for more information and work with a skilled railroad crush injury lawyer for knowledgeable legal advice.
What is a Crush Accident?
In the railroad industry, a crush accident generally refers to an incident in which a worker becomes trapped, compressed, pinned, or caught between heavy equipment, railcars, locomotives, or other objects, resulting in serious injuries. Because railroad operations involve massive, heavy machinery, locomotives, and railcars, the force exerted during this type of incident is often catastrophic.
These accidents occur when the human body is subjected to these overwhelming physical forces, leading to profound structural damage. A crush accident results in significant internal and external injuries, ranging from complex bone fractures and organ damage to the amputation of limbs. These events often have long-term consequences that extend beyond the initial trauma, potentially causing chronic pain, nerve damage, mobility limitations, and, in some cases, conditions such as Complex Regional Pain Syndrome (CRPS). Because of the sheer scale of the equipment involved, a crush injury is considered a life-altering event that can lead to permanent disability and devastating impacts on an individual’s physical well-being.
How Do Crush Accidents Happen?
The railroad industry creates a unique and high-risk environment for crush accidents due to the presence of massive, heavy equipment and rolling stock. These accidents often stem from unexpected movements or mechanical failures involving trains, cars, and locomotives.
Common scenarios where railroad crush accidents may occur include the following:
- Coupling and uncoupling: Workers can be crushed between rail cars during coupling operations. If the movement and force between connected railcars (known as slack action) is not properly managed, or if one car unexpectedly moves, a worker standing between the drawbars can be severely crushed.
- Derailments and collisions: When trains derail or collide, the massive force can crush workers in the cabs of locomotives or cause unsecured cargo and rolling stock to pin down people working nearby.
- Maintenance and repair: Employees working beneath, between, or on top of rail cars are at risk if the equipment is not properly secured. A car moving unexpectedly or heavy components shifting can lead to severe compression injuries.
- Defective equipment: Failures in braking systems, malfunctioning couplers, defective switches, or other equipment defects can cause railcars to move unexpectedly and are common issues examined in FELA claims
- Yard and switching operations: During switching, poor communication, failure to follow established safety protocols, or walking too close to moving trains can result in workers being pinned between cars, structures, or machinery.
Can I File a FELA Claim After a Crush Accident?
Yes, you may be able to file a FELA claim after a crush accident. The Federal Employers’ Liability Act (FELA) is a federal law governing the rights of injured railroad workers. Unlike workers’ compensation, FELA is a fault-based system allowing employees to sue their employer for negligence.If the railroad’s negligence played any part, even a small one, in causing your crush injury, you may be eligible to recover damages under FELA.
Reach out to an experienced FELA lawyer for more information and legal advice today.
