Posted On: July 3, 2010 by Steven J. Malman

Railroad Trackman Sues Canadian National/Illinois Central Railroad for Work Injuries

A track repairman is suing Canadian National/Illinois Central Railroad for his Illinois railroad worker injuries. Ashby Leaf is seeking over $150,000 plus costs and other relief.

Leaf, who worked throughout the state for the railroad company, says that his ex-employer’s job requirements were so arduous that he developed neck, spine, and lower and upper extremity injuries. Leaf also claims that in April 2009 he experienced discomfort and pain in his neck after he used extensive force to set a defective hand brake. The incident caused him to sustain cervical disc pathology and disk rupture, as well as experience mental anguish, pain, and nervousness.

Leaf contends that his job exposed him on a daily basis to prolonged kneeling, lifting, squatting, climbing, crawling, pushing, pulling, awkward back positions, unsafe work methods, and unsafe ergonomic designs, as well as made him susceptible to re-injury and the injuries acceleration, aggravation, and exacerbation. He says that Illinois Central Railroad was negligent when it failed to provide him with safe and necessary equipment, a safe workplace, sufficient manpower, sufficient mechanical assistance and the proper supervision. He also claims that his former employer allowed dangerous practices to become the norm, ordered him to perform tasks that exceeded his physical abilities, and assigned him responsibilities that it knew would aggravate his condition.

Railroad workers injured on the job can sue their employers for their injuries. Under the Federal Employee Liability Act, you can obtain compensation for medical expenses, lost wages, rehabilitation, and pain and suffering. It is important to remember that not all railroad injuries happen in the instant. Some of them develop over time during the course of doing the job.

Railroad trackman claims job requirements were so strenuous, Madison Record, July 1, 2007


Related Web Resources:
Injured Railway Workers: Federal Employers' Liability Act (FELA), Justia

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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