Posted On: February 13, 2010 by Steven J. Malman

Two Separate Illinois Railroad Worker Lawsuits Seek Compensation for On-The-Job Injuries

Kevin L. Darling is suing BNSF Railway Company for his railroad worker injuries. A railroad conductor since 1988, his job for BNSF included operating locomotives and railroad equipment. Now, he claims these duties caused him to develop shoulder injuries.

Darling says he had to undergo humeral head replacement surgery. He also says he experienced mental anguish, emotional injury, and psychological trauma as a result, as well as lost wages and incurred medical expenses.

Darling claims that the railroad company engaged in a number of negligent acts, including the following failures: not creating safe working conditions or a safe work environment, not providing the proper equipment and work methods, not taking action to reduce the cumulative trauma that Darling’s shoulder experienced, and neglecting monitor and inspect the cumulative trauma required to perform his job. Darling says that BNSF committed another negligent act when it required that he be exposed to cumulative trauma while he worked. Darling is seeking more than $50,000.

Although you are more likely to hear about train passengers who are injured in catastrophic Chicago, Illinois train accidents, train workers can also get hurt during train collisions or from merely doing their jobs. Injured railroad workers are untitled under FELA (Federal Employers Liabilities Act) to sue their employer for work-related injuries. Your chances of obtaining the maximum recovery increases when you hire an experienced Chicago railroad injury lawyer to represent you.

In an unrelated railroad worker injury case, Dennis Hetterscheidt, who worked as a traveling maintenance-of-way employee for CSX Transportation until October 2007 is now suing his former employer for his injuries. He claims that his work with the company ended after he was injured in a fall accident while cutting rails.

Hetterscheidt says he injured his spine, lower back, neck, and shoulders during the work accident and, as a result, he has experienced suffering, pain, disability, and disfigurement. Hetterscheidt contends that not only has he lost income and racked up medical expenses, but his earning capacity has been impaired.

The plaintiff says CSX was negligent in causing his injuries and did not provide him with a safe work environment, the proper work methods, or the correct equipment and tools. Hetterscheidt says is accusing DSX of failing to maintain and inspects its track and of being negligent when requiring that he work on ground that was uneven. He is seeking over $50,000.

CSX worker claims injuries in cutting rails, The Record, February 5, 2010

Conductor claims shoulder injuries in suit against BNSF, The Record, February 5, 2010

Related Web Resource:
Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined, Cornell University Law School

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