Chicago Workers Compensation Lawyer Blog

Richard Curtis is suing Norfolk Southern Railway Company for the repetitive traumas he suffered because of his former job as a railroad employee. Curtis claims that he got hurt while working for the railroad company from 2004 until 2010 and, as a result, he sustained permanent and severe injuries to his body, hands, and wrists, as well as experienced great mental agony and physical pain. He also contends that he lost income, incurred medical expenses, and saw a decrease in his earning capacity.

Curtis says the railroad was negligent because it failed to:

• Provide adequate supervision
• Give him the proper tools and protective equipment
• Warn him about possibly dangerous conditions
• Implement safer working standards
• Provide a safe work environment

Curtis says that the railroad company gave him tasks that it knew went beyond his physical abilities. He is seeking over $50,000 plus costs.

Repetitive trauma can be extremely painful and lead to permanent, disabling, and debilitating injuries. Although these injuries may not happen immediately, they can render a railroad worker unable to do his/her job, which can result in lost earning capacity, income loss, and loss of benefits.

You can sue a railroad company for your railroad worker injuries. Common Illinois railroad worker injuries include:

• Brain injuries
• Head injuries
• Shoulder injuries
• Neck injuries
• Back injuries
• Carpal tunnel syndrome

Former Norfolk Southern employee claims repetitive trauma, Madison Record, February 25, 2010

Related Web Resource:
Repetitive Motion Disorders, NIH.gov

Continue reading "Former Norfolk Southern Railroad Employee Files Illinois Railroad Worker Lawsuit Over Repetitive Traumas " »

Illinois Central Railroad Co. and Chicago, Central and Pacific Railroad have been ordered by OSHA to pay a former employee over $80,000 in compensatory damages, back wages, and attorney’s fees for wrongful termination. The former railroad worker was fired after he sustained injuries on the job.

Employers cannot fire a worker for reporting work-related injuries and illnesses. Under the Federal Railroad Safety Act, there are whistle-blower provisions that protects employees when they report violations dealing with railroad security/safety or federal law. Also, under the Federal Employers Liability Act, employees injured in railroad worker accidents can seek compensation for their medical and rehabilitation costs, lost wages, and pain and suffering.

There are built-in dangers to taking on a career as a railroad worker. Unlike other employees (most are covered for work-related injuries, illnesses, and deaths under the Illinois Workers’ Compensation Act), injured or sick railroad employees can file a lawsuit whose outcome is based on comparative negligence.

It is important that you work with an experienced Chicago, Illinois railroad worker accident attorney who can help you with your case. The recovery that you obtain from your FELA lawsuit will help alleviate some of your financial burdens so you can focus on your recovery.

Some examples of railroad worker injuries:

• Ballast injuries
• Slip and fall injuries
• Repetitive motion injuries
• Carpal tunnel syndrome
• Tendonitis
• Osteoarthritis
• Bursitis
• Exposure to hazardous chemicals
• Asbestosis
• Mesothelioma
• Back injuries

Former Railroad Employee Awarded Over $80,000 in Back Pay, The Epoch Times, February 19, 2010

Related Web Resources:
Illinois Central Railroad On-Line

Federal Railroad Safety Act

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

A BNSF Railway Company worker is suing his employer for work-related injuries. Kenneth D. Johnson is seeking over 100,000 plus costs.

Johnson says he began working for the railroad as a machinist on August 9, 1968. His duties included installing and taking off turbo screens on locomotives, installing inertial filters, working with pipe engines, changing oil coolers, working on train engines, and sitting hatches.

Johnson says that due to the repetitive strain and stress of his work and the kind of tasks that he had to perform, he sustained permanent and serious injuries. He also suffered shoulder pain, shoulder deterioration, permanent disfigurement, and permanent disability. Johnson is claiming pain and suffering, lost wages, medical bills, and the inability to live a normal life.

Johnson is accusing BNSF of negligence, including their failures to provide him with the proper work tools, give him enough space to do his job, provide him a safe area to work, and adequately take care of employees’ safety. Johnson says that BNSF gave him improper equipment to do his job and required that he work in physical positions that made him susceptible to injury.

Contrary to popular belief, Illinois train accidents and railroad blasts are not the only causes of serious injuries to railroad workers. Many railroad injuries are cumulative, causing the worker's condition to deteriorate over a number of years until he/she has been rendered permanently disabled. Repetitive strain, soft tissue injuries, back injuries, shoulder injuries, and illnesses from exposure to toxic substances and solvents are some of the more common railroad worker injuries.

After years of service as a railroad worker, it is devastating to find out that you were permanently injured because you were doing your job. Fortunately, the Federal Employee Liability Act allows workers to obtain damages for medical costs, pain and suffering, lost income, therapy, rehabilitation, and other related damages.

Veteran machinist claims repetitive trauma in suit against BNSF, Madison Record, January 22, 2010

Related Web Resources:
BNSF

Repetitive Strain Injuries, Los Angeles Times

Continue reading "Machinist Sues BNSF for Railroad Worker Injuries, Including Repetitive Trauma" »

A state’s Supreme Court says that a retired Union Pacific worker can obtain work injury compensation for a knee injury he sustained while walking to work from the parking lot. Glenn Holsapple was hurt in April 2006 after he stepped into a pothole. He tore knee cartilage, underwent surgery, and took time off from work to recover.

Following the work accident, Holsapple, then a conductor, filed a FELA claim seeking work injury compensation. Union Pacific, however, argued that it shouldn’t be held liable for the knee injury because the accident happened before Holsapple reported for work.

A judge issued a summary judgment ruling in Union Pacific’s favor. However, the state's Supreme Court says that the railroad company can be held liable for the knee injury because the accident happened during the course of employment, right before work, and on a driveway that employees use to go from the parking lot to the railroad depot. The parking lot is owned by the city.

Holsapple’s FELA attorney, however, says that the only reason his client was in the driveway was because he was headed to his job. He says the railroad company has a responsibility to make sure that the parking lot is a safe premise for its workers.

FELA Lawsuits
Under the Federal Employees Liability Act, railroad workers can collect damages for railroad worker injuries. Compensation can be obtained for medical expenses, rehabilitation, lost wages, and other damages. Unlike Illinois workers’ compensation, which provides work injury benefits but doesn’t allow an injured worker to sue an employer, FELA lets an injured railroad worker sue for damages. However, in order to obtain recovery an injured worker must prove that the work injury was at least partially caused by the railroad company’s negligence.

Neb. high court says UP worker can sue for injury, AP, December 11, 2009

Read the Advance Sheets for the case (PDF)

Related Web Resource:
Union Pacific

A railroad worker is suing BNSF Railway Company for spinal injuries he says he sustained on the job. Gary Bremer, who has worked as a conductor since 1979, says he has cumulative spinal and low back trauma because of the work he did for BNSF.

While doing his job, Bremer has ridden on locomotives and other equipment that he claims caused the excessive stress injuries. In his Illinois railroad worker injury lawsuit, he is accusing BNSF of neglecting to provide a safe working environment, safe equipment, safe working conditions, and safe working methods. He also says the railroad company neglected to decrease the degree of cumulative trauma exposure, exposed him to the trauma, and failed to inspect his work injuries.

In another Illinois railroad worker injury lawsuit, this one involving injuries sustained during a trip and fall accident, former Union-Pacific Railroad Company worker Phillip Roberts says that the railroad company neglected to award him damages for the disfigurement he suffered during the work accident, as well as for his lost wages.

Roberts worked for Union-Pacific as a trackman. He hurt his lower back when he tripped on a wire that was extended along the company’s railroad tracks. He had to undergo surgery.

Union Pacific argued that the trackman had been warned about the trip hazard. The railroad injury case went to trial and a jury found Roberts 50% liable. They awarded him $250,000 of $500,000 but did not award damages for his disfigurement.

Roberts is seeking a new trial. He claims the jury neglected to award him damages for his disfigurement and that the award he received for economic damages is too low.

Illinois Railroad Worker Injuries
Railroad workers are susceptible to injuries when doing their job. While some injuries can happen instantly, such as those that are sustained by workers during a train crash or a work-related blast, many injuries are cumulative and can become progressively worse over the years. Back injuries, soft tissue damage, and repetitive strain-related issues are some of the painful and damaging injuries that can result.

Most railroad workers are covered by the Federal Employee Liability Act. They can file a FELA claim for injuries.

Spinal injuries claimed in worker's suit against BNSF, The Record, November 18, 2009

Plaintiff asks for new trial in railroad slip and fall, The Record, November 13, 2009

Related Web Resource:
FELA Quick Facts, EzineArticles.com

BNSF Railway Company

Union Pacific

Unlike most workers who are entitled to Illinois workers’ compensation benefits, Injured railroad workers can sue their employer for work injuries under the Federal Employers Liability Act. It is important that you retain the services of an experienced Illinois railroad injury law firm that knows how to successfully represent clients with FELA cases.

Recently, railroad worker David Brinkley filed his FELA lawsuit. Brinkley was employed by Union Pacific from May 1974 through December 2008. Due to the nature of his job, Brinkley had to walk on uneven ballast surfaces, carry awkwardly shaped, heavy objects, operate poorly maintained switches, and dismount railroad cars and locomotives. He says that the conditions of his job caused him to sustain a degenerative spine condition.

Brinkley is accusing Union Pacific of failing to provide him with a safe work place and the proper work equipment while making him do tasks that caused his degenerative condition. He is seeking $250,000 plus costs.

In his railroad worker lawsuit against BNSF Railway Company, Bobby Dale Goates is also claming spinal injuries. Goates says he worked as a conductor, brakeman, engineer, and switchman for the defendant beginning in 1969. His FELA lawsuit accuses BNSF of neglecting to provide him with safe working conditions, a safe environment, the proper working methods, and safe working tools. He also blames the railroad company for failing to implement adequate protective and safety measures so that he wouldn’t be exposed to cumulative trauma. He is seeking over $15,000 plus costs.

In another FELA lawsuit, Marco A. Rodriguez is suing Illinois Central Railroad Company. Rodriguez, who worked for the railroad company as a welder carman and carman from 1958 to 1996, says he has a respiratory illness because he worked around diesel exhaust, asbestos, toxic dusts, environmental tobacco smoke, fumes, and gases.

Rodriguez is seeking over $100,000 plus costs from his former employer for failing to provide him with safe equipment and a safe workplace and neglecting to warn him about the dangers of his job.

BNSF worker claims spinal injuries in FELA suit, The Record, October 7, 2009

Illinois Central Railroad sued by welder, carman, The Record, October 7, 2009

Union Pacific named in new FELA complaint in St. Clair County, The Record, October 7, 2009

In Illinois, a railroad worker who used to work as a trackman and machine operator has filed a FELA lawsuit against Union Pacific Railroad Company. John A. Neal says he sustained bilateral inguinal hernias in November 2007. In January 2008, he suffered a herniated disc.

In his FELA lawsuit, Neal says he had to undergo treatment for his hernias and spinal surgery for his back injury. He also says that his job resulted in physical injuries, including loss of agility and muscle strength, excess wear on his lower and upper extremities, permanent loss of physical function in his low back and spine, aggravation to his hypertension, and permanent impairment to his neck, back, arms, shoulders, hands, and groin areas.

Because of his work injuries, Neal claims he suffered mental trauma, physical pain, disfigurement, and loss of enjoyment of life. He says that his injuries have resulted in medical bills.

Neal’s FELA complaint accuses Union Pacific of negligence, including failure to provide him with a safe working environment, failure to warn him about job risks, having him perform tasks that required excessive use of his body parts (for example, using his hands repeatedly without giving him the proper equipment), and giving him unsafe equipment and tools to do his job.

Herniated Disc
A spinal injury or wear and tear can cause a herniated disc. Symptoms include weakness, pain, and numbness. Depending on the severity of the herniated disc, recovery can take a few weeks or several few months. In some cases, surgery may be required.

Hernia
Fatty tissue or an organ coming out through weak spot or a hole in the fascia or muscle might be a hernia. This can be painful and decrease a person’s mobility. A hernia can prove dangerous if medical complications result.

Some railroad injuries occur during work accidents while some may gradually develop over time because of the repetitive and/or strenuous tasks a railroad worker may be expected to perform. Work injuries may prevent the railroad worker from being able to do his or her job.

The Federal Employee Liability Act offers compensation to railroad workers who got sick or were injured while performing their duties. Unlike Illinois workers’ compensation, which most other workers can avail of, an injured railroad worker has to prove that his or her employer’s negligence contributed to the injury, illness, or death.

Railroad worker claims hernia problems in FELA suit, The Record, September 23, 2009

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

Understanding Hernia - the Basics, Web MD

Herniated Disc - Topic Overview, Web MD

A former conductor and brakeman for Union Pacific is suing the railroad company for the pancreatic cancer he says he sustained while on the job. Brad Thompson worked for Union Pacific from 1984 – 2009.

In his Illinois railroad worker lawsuit, Thompson says that he was exposed to toxic materials, including asbestos, diesel exhaust, and second-hand smoke from cigarettes. He says it was exposure to these toxic substances that caused him to develop pancreatic cancer.

Thompson says that his cancer has resulted in income loss, pain and disability, extreme nervousness, and mental trauma. He is seeking over $100,000 plus costs.

Thompson’s Illinois railroad work accident complaint accuses the defendant of failing to provide him with safe equipment and a safe workplaces and blames the railroad company for exposing him to numerous toxic substances and, at the same time, not warning him about the toxins’ dangers while routinely exposing him to unsafe work practices.

Due to the nature of their work, some railroad workers have been exposed to certain hazardous substances, such as asbestos, diesel exhaust, benzene, radioactive substances, while on the job that can later result in serious health issues, including injury, illness, disease, and even death.

Obtaining compensation from an employer for your railroad worker injury is a different process than filing for workers’ compensation recovery for injuries sustained because of work accidents in other professions. The best way of ensuring that you receive the maximum recovery you are owed for your FELA claim is to speak with an experienced Chicago railroad work injury law firm today.

In some cases, it may take years for a railroad worker-related injury or disease to fully manifest. At this point, full recovery may no longer be possible and damage to the worker may be severe and/or permanent.

Former Union Pacific worker claims pancreatic cancer in lawsuit, The Record, September 8, 2009

Related Web Resources:
Asbestos and Railroads, Mesothelioma

Union Pacific

A railroad worker says that he injured his neck spine arms, wrist, and hands while working for Union Pacific Railroad Company. Tyron Jourdan says that for years, the railroad company made him work with equipment that was ergonomically unsafe. Jourdan is suing Union Pacific Railroad Company for his railroad worker injuries.

The railroad worker says he has worked for the railroad company since 1969. In his railroad worker injury lawsuit, Jourdan says that he had to use tools that were not designed in an ergonomically correct manner. As a result, the work he did with them while on the job has caused him to develop musculoskeletal disorders.

Jourdan says that Union Pacific was negligent. The railroad worker is accusing the railroad company of making him perform tasks that required that he maintain awkward physical postures while he used his wrists, hands, neck, arms, and spine in a forceful and repetitive manner.

Jourdan says he has had to undergo surgery because of his injuries. He also has suffered serious physical pain and suffering in addition to emotional and psychological trauma. He claims that he has lost wages and fringe benefits while incurring medical expenses to treat his work injuries. He says that his impairment is permanent.

Unlike other occupations that provide Illinois workers’ compensation benefits to injured workers, regardless of who caused the work injury, railroad employees have to prove that fault on the defendant’s part.

In addition to injuries sustained during train accidents, ergonomic-related injuries is a common type of work injury that railroad workers are citing in their claims these days. The best way to insure the maximum recovery possible from your FELA lawsuit is to contact an experienced Chicago railroad worker injuries lawyer about your case.

Ergonomically unsafe equipment caused injuries, suit claims, The Record, September 2, 2009

Related Web Resources:
Whole Body Vibration-Related Ergonomic Study of US Railroad Locomotives and Operators, Whole Body Vibration

Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined, Cornell.edu

Albert Wickam, an Illinois railroad employee, has filed a FELA complaint against Union Pacific Railroad Company. Wickam says he sustained a musculoskeletal disease while working with unsafe equipment belonging to the company.

Wickam began working as a carman in 1971. During his employment, he was exposed to risk factors that caused him to develop cumulative trauma in his spine and back.

In his FELA lawsuit, Wickam is accusing the defendants of knowing that the tools and equipment that he was using were not ergonomically designed to eliminate or reduce the risk factors responsible for his injuries.

Wickam says the railroad company committed 24 negligent acts, including failing to provide him with a safe working environment, making him perform repetitive, forceful movements without giving him enough time to rest or the proper support, and having him do his job using heavy machinery that jarred his back.

Wickham says the railroad worker injuries he sustained are disabling and permanent. He has had to undergo surgery and continues to experience physical, mental, and emotional pain and suffering. His work-related injuries have caused him to suffer lost wages, medical expenses, and impaired his ability to do his job.

He is seeking a judgment of over $50,000 plus costs.

FELA Claims
If you are a railroad engineer, switchman, maintenance worker, brakeman, fireman, mechanic, yardmaster, signal master, or another railroad worker who was injured on the job, you may want to consider filing a FELA claim to obtain financial recover from your employer for your injuries.

Under the Federal Employment Liability Act, the injured railroad worker must prove that the railroad company, the train system, or another affiliated party was at least partially responsible for causing your work injury.

Union Pacific named in FELA complaint, Madison Record, July 21, 2009

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

Related Web Resource:
Union Pacific

Continue reading "Illinois Railroad Employee Files FELA Complaint Against Union Pacific Railroad Company" »

In Illinois, a former railroad employee is suing Union Pacific Railroad Company for injuries he says he sustained as a result of his work for the defendant. Jimmy R Greens worked for the railroad company from 1980 – 1997 as a traveling electrician.

Green says he sustained railroad worker injuries because he was forced to climb up telephone poles and that he did so without the correct equipment. This caused him to experience repetitive and cumulative trauma to his lower extremities and his knees. His railroad accident lawsuit contends that the damages and injuries he suffered are permanent, progressive, and painful. As a result of his injuries, Green says he has incurred medical bills, and his ability to enjoy life and is earning capacity are permanently impaired.

The former railroad employee is accusing Union Pacific of negligence, including not providing him with a safe workplace, inadequate supervision and instruction on how to work safely, and failure to provide him with the proper equipment, including mechanical lifting devices and pole climbing spikes and spurs.

FELA
Under the Federal Employers’ Liability Act, railroad companies must provide their employees with a safe workplace, as well as with the tools that they need to do their job properly and safely. Failure to provide this duty of care can make the railroad company liable for an employee’s injuries.

Depending on their specific responsibilities, a railroad worker can be at risk of sustaining repetitive motion injuries or cumulative trauma disorders. This can result if the worker uses his or her hands or other parts of the body in a repetitive manner that causes the body to vibrate in positions that are not ergonomically correct. Carpal tunnel syndrome and body parts that are worn out are two unfortunate conditions that can result, making it difficult to for the railroad worker to keep doing his or her job or live comfortably without experiencing ongoing pain.

Traveling electrician sues Union Pacific, The Record, May 28, 2009

Railroads: The Safe Way to Movehttp://www.malmanlaw.com/lawyer-attorney-1199850.html, March 2005 (PDF)

Continue reading "Former Railroad Worker Sues Union Pacific Railroad Company for Work Injuries" »

A former railroad worker for Burlington Northern Santa Fe Railway Company is suing the railroad corporation for injuries he sustained on the job. He filed his railroad worker injury lawsuit in Madison County Circuit Court.

James Bahm began working at the railroad company in May 1976. He says that he was injured and sustained cumulative trauma while working as an engineer because the seat that he would sit on while the locomotive would go over rough tracks was defective and worn out. As a result of his injuries, Bahm says he experienced serious pain and suffering, mental trauma, and loss of wages and benefits. Also, his ability to work became impaired and he began to incur medical expenses because he needed treatment for his injuries.

His railroad injury lawsuit accuses BNSF of negligence because it allowed for the use of an engine that was not in proper working condition, produced too much vertical motion, was not properly inspected, had deficient cushioning on its seat, and was a hazard to crew members. Bahm is also accusing the railroad company of failing to give him a safe work environment, not properly maintaining and inspecting its equipment or track so that they were in safe working condition, not using safe working methods or equipment, not doing more to decrease the amount of cumulative trauma he was exposed to, and neglecting to test workers for the effects of cumulative trauma. Bahm is seeking to obtain more than $200,000 plus costs.

Cumulative Trauma
Cumulative trauma refers to injuries that develop over a period of time. Sometimes, a cumulative trauma can take months or years to develop. This type of trauma can affect the tissues, cartilage, and ligaments of the body and can occur because of the railroad worker’s routine, which my require that he or she engage in repetitive motions. It is sometimes challenging for a worker to figure out the cause of his or her cumulative trauma.

Former BNSF worker claims worn-out seat caused injuries, St Clair Record, March 9, 2009

Related Web Resources:
Train Accident Overview, Justia

Burlington Northern and Santa Fe Railway Company

Continue reading "Former Railway Worker Sues Railroad Company for Spine, Back, and Neck Injuries" »

A railroad helper is suing Union Pacific Railroad Company and Alton and Southern Railway Company for work injuries he sustained while working for both companies. John Schulte says he suffered back and neck injuries in a fall accident when the remote control vest he was using ripped, causing him to lose balance and fall off a railcar.

The railroad accident occurred on July 6 in an East St. Louis yard while he was operating a locomotive with a remote. Schulte filed his complained last week in St. Clair County Circuit Court.

The railroad helper says that because of his injuries, he suffered serious emotional pain and mental trauma, as well as lost wages because he was unable to work. His lawsuit contends that the defendants neglected to provide him with a safe work area because he was not given safe working methods. Schulte also claims that workers were given remote control vests that were subject to tearing and that the defendants should have either provided employees with sturdier vests or a safer work method, as well as warning them of the risks that could arise when using the vests. Schulte is seeking a judgment of over $100,000 plus costs and other relief.

Remote Control Vests
Remote control vests allow a railroad worker to operate remote-control trains in train yard. The vests hold the remote control unit that allows the worker to command the train car. This method of operating a railcar is not always safe for workers, who are at risk of falling from the car in the event that the vehicle makes jerky movements or is involved in a collision.

The vests can also be awkward to wear, which makes it difficult for the operator to securely hang on to the side of the car during operation. There are also concerns that railroad companies are not providing remote control operators with enough training to allow them to operate the device in as safe a manner as possible.

Railroad helper sues Union Pacific over torn remote vest, The Madison/St Clair Record, January 2, 2009

Related Web Resources:
Union Pacific

Alton & Southern Railway Company

Continue reading "Illinois Railroad Helper Sues Union Pacific and Alton and Southern Railway Company For Work Injuries" »

An Illinois railroad worker is suing CSX Transportation for serious injuries he says he sustained as a machine operator. He filed his railroad injury complaint in Madison County Superior Court.

From 1974 to 2008, Randolph K. Brewer says he was subject to a number of repetitive traumas while fixing railroad bridges and tracks. He claims he suffered permanent and serious injuries that have affected his knees, spine, and body and that he has experienced mental anguish and severe physical pain as a result.

Brewer is seeking over $50,000 plus costs for his injuries, pain and suffering, medical costs, lost wages, and diminished earning capacity. In his railroad injuries lawsuit, the railroad worker is accusing CSX Transportation of letting unsafe practices become the norm and allowing Brewer to do work that was beyond his physical capacities, as well as work where he could be prone to injuries. Brewer is also accusing CSX of neglecting to provide a safe work environment, adequate manpower, and safe working methods.

Repetitive Motion Injuries
Because of the nature of their jobs, many railroad workers risk sustaining repetitive motion injuries that place severe stress on their bodies and make it hard for them to continue working. Repetitive tasks while the body is placed in awkward positions, forceful, repetitive use of certain body parts, and work that forces the body to be in constant vibration are some of the conditions that can result in railroad workers suffering from repetitive motion injuries.

Bursitis, tendonitis, carpal tunnel syndrome, and osteoarthritis are examples of repetitive motion injuries that can occur while performing railroad-related work duties. These injuries not only cause undo stress on the body, but they can lead to pain and suffering and permanent disabilities.

Railroad companies are supposed to implement the proper safety measures to make sure that workers are not placed in situations that could cause them to sustain injuries. Failure to fulfill this duty of care can be grounds for a railroad injury claim or lawsuit.

Machine operator sues CSX over injuries, The Madison St. Clair Record, December 1, 2008

Related Web Resources:

CSX

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

Continue reading "Illinois Railroad Worker Sues CSX Transportation for Repetitive Trauma Injuries" »

In St. Clair County Circuit Court, Doug Newton filed an Illinois injury lawsuit against BNSF Railway Company for work injuries he sustained as an employee. Newton cited bilateral carpal tunnel syndrome, ulnar nerve syndrome, mental anguish, disability, and severe pain as his injuries.

Newton started working as a welder and a trackman for the railroad company in 1994. He says that his work responsibilities with BNSF Railway Company caused his injuries. He is also claiming lost wages, medical expenses, and a diminished earning capacity.

Newton is accusing his former employer of negligence due to the railroad company’s alleged failure to provide him with a safe work environment, the proper work equipment and tools, the proper manpower, the proper training, and the proper supervision, as well as the failure to warn him that he was risking cumulative trauma. He is seeking over $100,000 plus legal costs.

Railroad Injury Cases
Illinois railroad workers are not entitled to workers’ compensation benefits. Rather, a railroad employee must prove his or her case under the Federal Employment Liability Act (FELA). The worker must prove that his or her work injuries were at least partially caused by the railroad company or another affiliated party. A worker can bring its injury claim to the responsible party or file the claim in state or federal court.

Common Railroad Worker Injuries include:

• Head injuries
• Neck injuries
• Back injuries
• Hearing loss
• Train accident injuries
• Railroad equipment injuries
• Slip and fall injuries
• Neurological disorders
• Carpal tunnel syndrome

Railroad worker claims carpal tunnel syndrome, St. Clair Record, November 3, 2008

Related Web Resources:

FELA Quick Facts

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