Railroad work is inarguably demanding, and most tasks require an “all hands on deck” mentality. So when a railroad company continues operating with too few workers on staff or scheduled for duty, the risk of serious injury increases dramatically. So, please follow along to find out what to do if you get injured on the railroad due to a staff shortage and how one of the proficient FELA lawyers at Hildebrand McLeod & Nelson LLP can work to protect your rights to financial compensation.
How can staff shortages on the railroad lead to worker injuries?
It is nice to get a helping hand while performing certain work duties. This is not only pleasant but critical for industries like the railroad. This is because it is very easy for railroad workers to overexert themselves when lifting heavy objects without another worker(s) to take some of the load. Or, railroad workers may stress a certain part of their body while performing the same physical task repetitively without being able to switch out with someone else. Lastly, a railroad worker may take on too many double shifts or work more hours in the week because there is nobody else to put on the schedule. If so, there is a greater chance of fatigue-related accidents, like equipment mishandling and falls.
What should I do if I’m injured due to a staff shortage?
You should know that under the Federal Employers’ Liability Act (FELA), a failure to maintain adequate staffing may constitute negligence by a railroad company employer. This is because an employer has a duty to provide a safe work environment for all their employees. And, staffing shortages are foreseeably dangerous because, as mentioned above, excessive workloads and fatigue increase the risk of accidents. Therefore, it can be argued that an employer should have reasonably known about this risk but failed to address it by hiring more staff.
This is to say that if you believe you were injured due to a staff shortage at your workplace, you may fight to hold your negligent employer accountable in a FELA claim. Here, you must prove circumstances like your employer’s knowledge of this staffing issue, through evidence like written complaints by employees, notices of canceled shifts, a lack of relief workers on payroll, etc. Further, you must establish how you were overworked, through your time sheets, dispatch records, witness testimonies, and more. This is all while confirming that your injury occurred while at work or performing a work-related duty, most likely made effective through an accident report.
At the end of the day, if you are still hesitant about taking the monumental step of filing a FELA claim, consult with one of the talented FELA lawyers from Hildebrand McLeod & Nelson LLP to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.
