You likely need a certain level of physical fitness to perform and succeed as a railroad worker. After all, the description for the job posting you applied for may have said something along the lines of, “regularly lifting and carrying heavy objects.” While you may already be accustomed to this kind of work, one small lift that is “out of form” may leave you seriously hurt. With that being said, please follow along to find out the types of lifting injuries you might receive after working on the railroad and how one of the proficient railroad lifting injury lawyers at Hildebrand McLeod & Nelson LLP can help you be compensated for all the troubles that ensued.
Railroad Lifting Injuries are Common and Often Preventable
Railroad work in California and across the country often entails manual labor, including lifting heavy tools, track materials, and other equipment, all while facing time constraints and physically demanding conditions. While injuries caused by lifting heavy weight is common in the railroad industry, many of these are preventable injuries. Unfortunately, employers often fail to reduce the risk of injury through adequate training, proper staffing, investing in tools, and providing rest periods.
Under federal law, railroad companies have a legal obligation to provide a reasonably safe work environment. Lifting injuries are often preventable, so failure to provide a safe work environment can constitute claims of negligence.
Why Lifting Injuries Happen on the Railroad
- Railroad jobs can exceed safe lifting thresholds due to weight, positioning, or repetition
- Employers may not properly train employees on proper technique in favor of productivity
- Workers can experience fatigue from long shifts and a lack of break times, ultimately increasing injury risk
- Mechanical aids are unavailable, broken, or discouraged, transferring the risk to the worker
Common Lifting Injuries Workers Experience
As part of your work, you may be frequently expected to load and unload cargo with heavy materials or carry around heavy tools, supplies, and machinery for engineering and operations on and around the trains and tracks. With any of these actions, a serious lifting injury may result. This likelihood is exacerbated if you do not use the proper lifting techniques, do not take the necessary breaks, do not wear appropriate footwear or clothing, etc. Additionally, many lifting injuries are the result of cumulative stress on the body and may not appear after a single lift.
As such, some of the most common lifting injuries include:
- Carpal tunnel syndrome or tendonitis in the hands and wrists
- Muscle tears or strains in the back, shoulders, or arms
- Chronic or acute pain in the lower back region
- Herniated or bulging discs in the spine
- Rotator cuff injuries in the shoulders
- Knee, elbow, and other joint injuries
- Sprains and soft tissue damage
How Employer Negligence Contributes to Railroad Lifting Injuries
Railroad employers often attempt to shift blame to the employee as a means of reducing their liability for the injury. Regardless, under the Federal Employers’ Liability Act (FELA), an employer can face liability if their negligence played any part in causing the injury suffered by a worker.
Examples of Employer Negligence that Can Strengthen a FELA Claim
- Failing to provide adequate training on safe and proper lifting techniques increases injury risk
- Requiring workers to lift loads that exceed safe limits without assistance, violating safety standards
- Refusing to supply mechanical lifting equipment, such as dollies or hoists
- Failure to rotate tasks to reduce the risk of repetitive strain injuries
- Inadequate staffing resulting in solo lifting
- Denying adequate break time between shifts
Federal Safety Standards That Support Your Claim
While the Occupational Safety and Health Administration (OSHA) does not set a single maximum lifting weight, there are federal authorities that recognize lifting unsafe amounts or with improper form as a significant workplace hazard. As such, railroad companies in California are required to anticipate, assess, and reduce these risks.
Important Federal Regulations
- OSHA’s General Duty clause mandates that employers protect workers from recognized hazards, including heavy lifting
- The NIOSH Lifting Equation is commonly used to determine whether lifting would pose a substantial risk of injury
- Repetitive lifting and fatigue are recognized as contributing factors to musculoskeletal disorders and degenerative conditions
What Compensation Can I Get For My Lifting Injury?
Your lifting injury may be prolonged or even permanent. You may believe that your negligent railroad employer was responsible for you getting hurt in the first place. As such, you may want to consider pursuing a Federal Employers’ Liability Act (FELA) claim.
Economic Damages Recoverable Under FELA
- Medical expenses
- Future medical costs
- Lost wages while recovering
- Reduced earning capacity if permanent disability is present
Non-Economic Damages Recoverable Under FELA
- Pain and suffering
- Emotional distress
- Mental suffering
- Loss of enjoyment of life
- Long-term impacts on mobility and independence
California Railroad Workers Have the Same Federal Rights
It’s important to understand that railroad workers in California are covered by FELA and the additional federal statutes in place to help provide you with a safe work environment and legal avenues to pursue compensation in the event you are hurt. This is true regardless of where you are employed in the state or where your company is headquartered. As such, you are not tied to California’s compensation rules, as federal laws supersede state laws.
Contact an Experienced California Railroad Attorney Today
At Hildebrand McLeod & Nelson LLP, we understand the impact that suffering an injury due to the negligent actions of a railroad employer can have. That is why our team is committed to helping you fight for the justice and compensation you deserve. Contact us today to discuss your circumstances with one of the talented FELA lawyers at our firm today.
