In a literal sense, you must be wary of a lot of moving parts while working on the railroad. This is to say that getting on and off moving equipment is categorized as one of the most common and harmful accidents a railroad worker can fall victim to. Without the need for further introduction, please continue reading to learn why this job function might be dangerous and how an experienced lawyer who handles getting on and off moving equipment injuries at Hildebrand McLeod & Nelson LLP can help you recover after yours.
Why Railroad Workers Get On and Off Moving Equipment
Railroad workers in California and across the country are often required to get on or off moving trains or railcars to ensure that operations are moving smoothly and efficiently. In general, workers may need to inspect couplings, set or release hand brakes, switch tracks, or respond to operational demands. Though this action is framed as routine and necessary, getting on and off moving equipment increases the risk of serious injury and poses the risk of preventable accidents.
Why This Practice Exists
- Railroad companies often prioritize continuous movements to avoid “unnecessary” delays
- Workers are often pressured to act quickly to keep schedules moving
- Precision Scheduled Railroading has ultimately reduced crew sizes, thus increasing fatigue risks for individual workers
- Tasks are performed before the train comes to a complete stop
Why Is Getting On And Off Moving Railroad Equipment Dangerous?
Even with training and practice, getting on and off moving equipment can result in serious accidents. Speed, weather, equipment conditions, and lack of communication can increase the risk of serious injuries. If your railroad company employer still permits the practice of getting on and off moving railroad equipment, the risk of injuries is always present.
How Injuries Commonly Occur
- Slips, trips, and falls due to slippery conditions (i.e., oil, grease, water, etc.) on the moving railcar or platform
- Defective or malfunctioning grab iron, handhold, or any other safety features
- Sudden jerks, shifts, or other unexpected movements.
- Poor communication between crew members when moving
- Faulty handbrakes or coupling systems can result in crush injuries
How Employer Negligence Contributes to These Accidents
Unfortunately, railroad companies that are located or operate in California may attempt to present the act of getting on or off equipment as unavoidable or a worker error. However, under federal law, an employer may face liability if their negligence contributes to an injury in any capacity, which includes knowingly allowing dangerous practices to continue.
Examples of Employer Negligence That Can Strengthen a FELA Claim
- Encouraging or mandating that employers board moving equipment
- Failing to maintain steps, handholds, or grab irons
- Allowing workers to walk or board unsafe surfaces
- Inadequate training or supervision of boarding procedures
- Failing to properly staff a crew, leading to rushed tasks
Federal Safety Standards That Apply to Moving Equipment
As a worker in California, whether you work for an interstate rail line or your company is headquartered in a different state, you have protections due to federal law. Because railroads operate across state lines, the Federal Employers’ Liability Act will apply regardless of where your injury occurs or what company you work for. Additionally, because FELA supersedes state law, you will not be subject to California’s workers’ compensation laws.
While there is no explicit federal rule that prohibits boarding or disembarking moving equipment, safety authorities recognize this as a serious workplace hazard. As such, railroads are required to anticipate, prevent, and deter unsafe practices.
Federal Safety Obligations
- OSHA’s General Duty Clause requires employers to protect workers from recognized hazards
- Defective equipment violates federal safety standards
- Fatigue, understaffing, and impossible deadlines can increase injury risk
- Railroads must ensure equipment is maintained and implement safe workplace practices
Why Getting On or Off Moving Equipment Leads to a Valid FELA Claim
Not every injury sustained by a worker while on duty will constitute a valid claim under FELA. However, several injuries caused by moving equipment will qualify, especially when unsafe practices or conditions are illustrated.
What Must Be Shown in a FELA Claim
- The railroad acted negligently
- The negligence contributed, in any capacity, to the injury suffered by the worker
- The injury resulted in lost wages, medical bills, or lasting impairment
- The claim was brought within the three-year federal statute of limitations
Contact Our California FELA Attorneys Today
In the end, if you are ready to get the financial compensation you deserve, please retain the services of one of the skilled FELA lawyers with the team at Hildebrand McLeod & Nelson LLP. Our firm understands that filing a claim against a railroad company can be incredibly nerve-wracking, which is why we are proud to represent injured workers in the fight for the justice they deserve. Contact us today to learn how we can represent you.
