February 25, 2011

Worker Sues Union Pacific Railroad Company Over Injuries from Floor Collapse

Lucas J. Barnett is suing Union Pacific Railroad Company for his work injuries that he says he sustained on January 25, 2010 when the floor he was sweeping collapsed. He is seeking over $50,000 plus costs for his Illinois railroad worker injuries.

Injuries Barnett says he sustained include blood clots, a torn peroneal tendon, deep vein thrombosis in his right calf, a pulmonary embolism, a lower back injury, and a cyst on his right wrist. He also says that he experienced great pain, mental anguish, disability, and extreme nervousness. He cites his medical expenses and lost income as among his costs.
Barnett says that Union Pacific did not provide safe equipment or a safe workplace.

Railroad Worker Injury Cases
Railroad workers can sue their employer for work-related injuries. Unlike Illinois workers’ compensation, which doesn’t allow workers to sue their employers but entitles them to work injury benefits, the Federal Employers’ Liability Act lets railroad employees sue for pain and suffering, rehabilitation, lost wages, medical expenses, and therapy. To obtain financial recovery, however, the worker has to establish that there was negligence on the railroad company’s part.

Contrary to popular belief, train accidents and railroad accidents are not the only type of incidents that can cause injuries to railroad employees. Repetitive strain injuries, back injuries, neck injuries, soft tissue damage, carpal tunnel injuries, machinery injuries, and illnesses from exposure to hazardous substances can occur while a worker is attending to daily duties on the job.

Union Pacific blamed for man's blood clot, The Record, February 24, 2011


Related Web Resource:
Union Pacific Railroad Company

FELA, Justia


Related Blog Posts:
Norfolk Southern Sued Over Repetitive Trauma Injuries, Chicago Workers Compensation Lawyer Blog, November 18, 2010

Railroad Worker Sues Norfolk Southern Railway for Back and Neck Injuries from Tamping Gun, Chicago Workers Compensation Lawyer Blog, October 8, 2010

Illinois Railroad Worker Injury Case: Conductor Sues CSX Transportation for Degenerative Spinal Condition, Chicago Workers Compensation Lawyer Blog, August 3, 2010


Continue reading "Worker Sues Union Pacific Railroad Company Over Injuries from Floor Collapse" »

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November 18, 2010

Norfolk Southern Sued Over Repetitive Trauma Injuries

An ex-carman is seeking $100,000 from Norfolk Southern Railway for his railroad worker injuries. Michael Gibson says that over the course of 10 years, he was injured repeatedly and developed repetitive trauma.

Gibson was employed as a carman for the railroad company from 1998 to 2008. He says that he got hurt in August 2008 while attempting to change an air hose underneath the railcar.

In his Illinois railroad worker injury lawsuit, Gibson contends that Norfolk Southern did not provide him with the proper, safe tools or the supervision that he needed to do his job. He also says that the railroad company did not warn him of certain work hazards, failed to create a safe work environment, and tolerated unsafe actions to the point that they became routine.

He blames Norfolk Southern for the "numerous repetitive traumas" that he sustained while fixing railcars. He says that these traumas have resulted in permanent and severe back and body injuries.

Repetitive Trauma
Unfortunately, repetitive trauma injuries are not uncommon for many railroad workers that spend years on the job. Often, the trauma is cumulative, occurring after the constant and forceful, repetitive use of certain body parts, such as the hands. Making repairs while in awkward physical positions, having to take part in vibrating, repetitive work motions, and poor ergonomics can lead to carpal tunnel syndrome and other repetitive stress injuries. These injuries can be extremely painful and debilitating and can affect a worker’s ability to continue to do his/her job or maintain a pain-free life. The spine, neck, shoulders, elbows, neck, hips, knees, and/or back can be seriously affected.

You may have grounds for a FELA lawsuit for your railroad worker injuries.

Carman sues Norfolk Southern over repetitive trauma, The Record, November 17, 2010

Related Web Resources:
Norfolk Southern Railway

Federal Employers Liability Act, HG.org

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October 8, 2010

Railroad Worker Sues Norfolk Southern Railway for Back and Neck Injuries from Tamping Gun

James w. Bernard is suing Norfolk Southern Railway. He says he hurt his back and neck while operating a tamping gun. He is seeking over $50,000 plus costs.

Bernard claims that he sustained his railroad worker injuries on October 2, 2007. He says that not only did he sustain physical injuries, but also that he experienced a decrease in his earning capacity, suffered mental anguish and pain, incurred medical expenses, and lost income. Bernard says that Norfolk Southern was negligent in failing to make sure that he had the proper equipment and tools, did not make sure he was adequately supervised, allowed unsafe practices to become common, and neglected to warn of a reasonably foreseeable hazardous danger.

Railroad Worker Injuries
Most railroad workers are protected under the Federal Employees Liability Act (FELA), which allows injured workers to sue their employer. FELA cases can result in much larger compensation than Illinois workers’ compensation cases. However, while an employer doesn’t have to have been negligent in order for an injured employee that is not a railroad worker to receive work injury benefits, an injured railroad employee must prove that the employer was negligent in order to receive compensation for disability, pain, and suffering.

Working as a railroad employee can result in serious injuries. Over years of working at a railroad, cumulative injuries, repetitive strain, back injuries, shoulder injuries, neck injuries, and other injuries can result. Catastrophic injuries can occur during a railroad accident. A railroad worker seriously injured on the job may not be able to go back to work.

Norfolk Southern sued over tamping gun injury, Madison Record, October 6, 2010

Related Web Resources:
Norfolk Southern

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

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August 3, 2010

Illinois Railroad Worker Injury Case: Conductor Sues CSX Transportation for Degenerative Spinal Condition

Timothy M. Thompson is seeking over $150,000 plus costs from CSX Transportation. The railroad conductor, who has worked 42 years on the job, says that exposed to unsafe work conditions has left him with cumulative and repetitive trauma, as well as caused the degeneration of his upper extremities and his spine.

Thompson says that he blames the railroad company for his railroad worker injuries. He is accusing CSX of committing a number of negligent acts, including failing to give him a safe work place with safe work conditions and safe work methods and equipment.

The railroad conductor claims that as a result of the poor work conditions that he was subjected to, he has experienced mental anguish, great pain and disability, and extreme nervousness that have led to him developing his degenerative, disabling, permanent, and progressive injuries. He also says that his earning capacity has been impaired, he has already lost large sums of money, and he has incurred medical expenses.

Railroad workers can sue their employers for their work injuries. Unlike other workers, railroad employees are not covered under the Illinois Workers’ Compensation Act, which provides workers with work injury benefits regardless of who was at fault. However, under the Federal Employer’s Liability Act, railroad workers can file work injury lawsuits. Compensation under FELA is based on comparative negligence and not a benefits schedule.

Common railroad worker injuries:
• Back injuries
• Repetitive injuries
• Spinal injuries
• Train accident injuries
• Joint injuries
• Neck injuries
• Burn injuries
• Slip and fall injuries
• Hand injuries
• Wrist injuries
• Elbow injuries
• Knee injuries
• Shoulder injuries

CSX conductor claims injuries over 42-year career, Madison Record, July 20, 2010

Related Web Resources:
CSX Transportation

Railroad Workers, Encyclopedia of Chicago

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July 15, 2010

Switchman Files Illinois Railroad Worker Injury Lawsuit Over Hearing Loss

Railroad worker Denny Sipes is suing The Alton and Southern Railway Company for the hearing loss he says that he sustained from working as a yard worker and a switchman for the defendant. He is seeking over $50,000 plus costs for his Illinois railroad worker injuries.

Sipes has been working for the railroad company since 1994. He is contending that because his workplace is unsafe, he has incurred specific injuries, including Inner ear injuries, eardrum damage, injuries to the nerve endings in his head, tympanic membrane injuries, tinnitus, emotional trauma, and psychological harm. He also says that he experienced suffering, pain, disability, loss of enjoyment of life, and mental anguish and pain.

The railroad worker says that his injuries occurred because the railroad company required that he be exposed to numerous noises, such as moving and idling locomotives. SIpes contends that the defendant did not give him the proper hearing protection, did not sound protect its engines, did not modify the position of whistles and horns on its engines, and neglected to abide by Federal Railroad Administration and OSHA regulations regarding noise level limits and mandatory noise monitoring.

Railroad Workers and Hearing Loss
Because railroad workers must often work in environments under loud noise levels (that sometimes even exceeding the noise level standard) for extended periods of time), they are at risk of suffering from permanent or temporary hearing loss. Railroad employees must abide by the standards mandated by federal law that are designed to protect railroad workers from suffering hearing damage, which can be caused by excessive noise from locomotives, compressors, railroad explosions, and other loud sounds.

Hearing loss can impede a person’s a ability to live his/her normal life and the medical services necessary to train someone to live with this disability and/or hopefully recover can be very costly. If you believe that your work contributed to causing your hearing loss, you may have grounds for filing a Chicago railroad worker injury lawsuit.

Alton and Southern blamed for worker's hearing loss, The Record, July 14, 2010


Related Web Resources:
Noise and Hearing Conservation Standards, United States Department of Labor

Federal Railroad Administration

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July 3, 2010

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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May 22, 2010

Conductor Files Railroad Worker Injury Lawsuit Against Union Pacific

Gary D. Waltemate is suing Union Pacific Railroad Company for his railroad worker injuries. Waltemate says that he hurt his neck, back, and left shoulder on December 16, 2007 when the ground he was walking on gave way and he fell. At the time, Waltermate was tying down a train at the railroad company’s Sauget tie yard.

The railroad conductor blames the defendant for causing his fall accident injuries. He claims that Union Pacific did not provide him with a safe workplace or work conditions, neglected to take care of its employees’ health, failed to provide them with the proper safety measures, required that he walk on uneven surfaces, and knowingly made him perform tasks that could cause him injuries.

Waltemate says that because of his physical injuries, he has suffered mental anguish, incurred medical expenses, lost wage and benefits, had to undergo multiple surgeries, and experienced pain and suffering, Also, he says that his ability to work became diminished, as did his ability to participate in his normal life pursuits.

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

Railroad Worker Claims
Unlike other employees, railroad workers are not entitled to Illinois workers’ compensation, which provides employees with work injury benefits regardless of who was at fault. Railroad workers have to prove that their employer was at least partially responsible for causing their railroad worker accident, injuries, or illness. If an injured worker's Federal Employers' Liability Act (FELA) claim is successful, he or she may be able to obtain coverage for lost wages, rehabilitation, medical expenses, and pain and suffering.

Union Pacific worker alleges injuries after ground gave way, Madison Record, May 19, 2010


Related Web Resource:
Union Pacific Railroad Company

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May 12, 2010

Former Norfolk Southern Worker Files Illinois Railroad Worker Injury Lawsuit Claiming Exposure to Airborne Pollutants

Gary L. DePrimio, a former Norfolk Southern Railway Company employee, is suing the company for his railroad worker injuries, which he says include brain damage, lung damage, and permanent damage to his body. He is seeking over $50,000 plus costs.

DePrimio claims that his injuries are a result of exposure to paint fumes, ballast dust, sand-blasted debris, toxic dust, and other airborne pollutants. He worked for the railway company for over three decades, from 1977 to 2007.

As a result of his railroad worker injuries, DePrimio says that he lost income, experienced mental anguish and a great deal of pain, incurred medical expenses, and his earning capacity became diminished. He claims that Norfolk Southern did not provide him with the correct equipment and tools, allowed unsafe work practices become the norm, did not provide him with a safe work place or work methods, made him do work that it knew was beyond his physical abilities and could lead to injuries, and did not have enough workers to get the job done.

FELA Lawsuits
As a railroad worker that was injured in the job, the Federal Employee Liability Act lets you seek compensation from your employer for medical expenses, therapy, rehabilitation, pain and suffering, and lost income. While some railroad worker injuries can occur in an instant, such as during a train accident or a railroad explosion, many railroad worker injuries can take years to develop. In addition to repetitive trauma, soft tissue damage, back injuries, neck injuries, and shoulder injuries, serious injuries and health issues can result from exposure to hazardous substances, such as industrial toxins, asbestos, and pollutants.

Norfolk Southern sued by worker claiming exposure to airborne pollutants, The Record, May 5, 2010


Related Web Resources:
Norfolk Southern Railway Company

Railroad Workers & The Federal Employers' Liability Act (FELA), Injury LawWiki

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April 24, 2010

Illinois Rail Yard Worker Killed After Train Rolls Over Her in Riverdale

A 37-year-old CSX rail yard worker died on Friday after a train rolled over her in a Riverdale rail yard. Melinda Carter was conducting routine switch operations, which involves moving cars to get them ready for delivery, when she was thrown from a locomotive, which then hit her. Carter was an experienced conductor who belonged to the railroad company’s safety committee.

Rail Yard Accidents
Rail yard injuries are not as uncommon as one would think. With locomotives constantly being moved around a yard, workers often put themselves at risk of serious injuries. Rail yard injuries have included spinal cord injuries, burns, limb injuries, repetitive trauma injuries, cumulative trauma injuries, traumatic brain injuries, amputations, broken bones, and death. You may be able to file an Illinois railroad worker injury lawsuit if you or someone you love was seriously injured while working in a rail yard.

Earlier this year, a jury awarded $33 million to a former Iowa Interstate Railroad train conductor who lost both his legs and his bowels during a 2007 Rock Island rail yard accident in 2007. Andrew Schultze was walking next to a train and attempting to pull a pin on a rail car when the pin lifter got stuck. Schultze tripped and fell and the rail car ran over him.

The jury awarded him $10 million for disfigurement, $10 million for loss of a normal life, $6.3 million for pain and suffering, $4.2 million for medical costs, and $2.5 million for the benefits and income.

Family mourns railroad conductor killed in yard accident, Chicago Tribune, April 24, 2010

Railroad employee gets $33 million for accident, Quad-City TImes, March 26, 2010


Related Web Resources:
CSX Corporation

Train Accidents Overview, Justia

Continue reading "Illinois Rail Yard Worker Killed After Train Rolls Over Her in Riverdale" »

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April 21, 2010

Ex-Union Pacific Railroad Welder Files FELA Lawsuit for Repetitive Strain Injuries

Jeffrey W. Stevens has filed a FELA lawsuit against Union Pacific Railroad. Stevens, who worked for the railroad company as a welder between 2004 and 2010, says that he sustained a number of repetitive traumas while repairing railroad tracks. He is seeking over $50,000 plus costs.

According to his Illinois railroad work injury lawsuit, Stevens sustained permanent and serious spine, neck, and body injuries and experienced great anguish and pain as a result of his job with the railroad company. This decreased his earning capacity and caused him to incur medical expenses.

Stevens is accusing Union Pacific of failing to provide him with suitable and safe equipment, tools, and working methods, as well as proper supervision. He claims that his former employer did not warn him of hazardous conditions, allowed unsafe practices to exist in the workplace, gave him jobs that it knew would cause physical injury and were beyond his physical abilities, and did not provide enough manpower.

Repetitive Strain Injuries
Repetitive strain injuries (RSI) can be very painful and debilitating. They usually affect the hand, wrist, elbow, shoulder, ankle, knee, or back. Damage may be temporary or permanent. Examples of repetitive stress conditions:

• Carpal Tunnel Syndrome
• Tendonitis
• Bursitis
• Herniated Disc
• Hand-Arm Vibration Syndrome
• Teonsynovitis
• Bursitis
• Chronic back pain
• Epicondylitis
• Ganglion Cysts

RSI’s develop over time when a worker engages in repetitive tasks that require physical force. Improper posture and awkward body motions can contribute to causing RSI.

Under the Federal Employers Liability Act, a railroad worker that is injured on the job may be able to pursue an Illinois railroad work injury complaint against an employer.

Railroad welder claims repetitive injuries in FELA suit, Madison Record, April 21, 2010


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

Union Pacific Railroad

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April 16, 2010

Former Illinois Central Railroad Company Employee Files Railroad Worker Lawsuit Over Asbestos Exposure

Walter V. Duffy is suing Illinois Central Railroad Company for an asbestos-related disease he contracted. Duffy worked for the railroad company as an engineer and fireman from 1952 until 1995.

He says that during the course of working for the company, he was exposed to asbestos fibers and dust. In his railroad worker lawsuit, claims that Illinois Central Railroad Company did not give him a safe place to work, did not provide him with safe tools, neglected to safely operated the locomotive repair facility, and did not warn him about products that contained asbestos. He is also accusing the railroad company of negligence for failing to test him from time to time for any ill effects from exposure to the toxic substance, not limiting his access to areas where products with asbestos were present, not testing the products before the workers used them, and failing to give him a separate space for the clothing he wore outside of work.

Duffy says that because he was exposed to asbestos, he now has an asbestos-related disease and has experienced great pain and mental agony over what he perceives to be a permanent condition. He claims that his risk of developing mesothelioma or another type of asbestos-related cancer has gone up and that this frightens him.

Among the railroad worker damages he is seeking: lost wages, medical expenses, loss of the ability to provide his services, and a shorter life expectancy.

Railroad Workers and Asbestos Exposure
There are a number of railroad jobs that may increase a worker’s exposure to asbestos. Driving engines in areas where asbestos is present, checking locomotives’ mechanical condition, installing and repairing signals, coupling cars, loading and unloading cargo that contains asbestos, and putting together trains in yards are some railroad worker jobs that can increase the exposure risk. Asbestos can cause cancer. It can also result in serious disabilities and death.

Railroad worker sues over asbestos exposure, The Record, April 12, 2010

Related Web Resources:

Asbestos, EPA

Asbestos, OSHA (PDF)

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March 27, 2010

Union Pacific Worker Sues Railroad Company for Car Crash Injuries He Sustained While Going to Work

Christopher Wardwell is suing Professional Transportation, Union Pacific Railroad Company, and Regeania Broughton. Wardwell, a Union Pacific conductor, says he was injured on August 9, 2008 when Broughton, who was driving him to work, was involved in an Illinois car crash.

Wardwell says that he sustained a herniated disc and an annular tears to his lumbar spine, while a pre-existing degenerative disc disease got worse. He was forced to have surgery, experienced pain and suffering, and his abilities to enjoy normal activities and do his job became diminished.

Wardwell partially blames his employer for his Illinois railroad worker injuries because he claims that the railroad company did not provide him with a safe workplace and failed to mandate that managers not put workers in vans before 6am and after 10pm so that they wouldn’t be involved in Illinois drunk driving accidents.

Wardwell is suing Professional Transportation and Broughton, one of its employees, for failing to keep a proper lookout for approaching autos, neglecting to obey traffic rules, and not giving Broughton enough rest time.

The injured railroad worker is seeking over $150,000 plus costs.

Illinois Railroad Worker Injury Lawsuits
Due to the nature of their jobs, railroad workers are at high risk of injuries and illness. Working with trains, on railroad tracks, with heavy machinery, and near toxic substances can be dangerous.

It is important that you report your Illinois railroad worker injuries to your employer right away. Under FELA, the Federal Employers' Liability Act, an injured railroad employee can sue his/her employer for work injuries.

Union Pacific conductor sues over accident on way to work, The Record, March 23, 2010


Related Web Resources:
Union Pacific Railroad Company

Federal Employee Liability Act (PDF)

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March 26, 2010

Chicago, Illinois Workers’ Compensation: Hand Injuries Sustained on the Job

Most jobs require the use of the hands. Unfortunately, work accidents can result in hand injuries, which are among the most common kinds of worker injuries. Not only do hand injuries cause the worker pain and suffering and can possibly lead to the inability to do one’s job—whether on a temporary or permanent basis—but there is a good chance that the injured worker will incur medical costs, rehabilitation expenses, and other related bills. It is important that you file your Chicago workers’ compensation claim right away.

Common causes of hand injuries at work:

• Machinery accidents
• Crushing accidents
• Lifting accidents
• Tool-related accidents
• Failure to wear the proper safety gear
• Fall accidents
• Repetitive strain from overuse
• Construction accidents

Common kinds of hand injuries:

• Broken bones
• Crushed hands
• Burn injuries
• Cuts
• Bruises
• Fractures
• Nerve damage
• Tendonitis
• Carpal tunnel syndrome
• Severed hands
• Loss of fingers
• Scarring
• Disfigurement
• Loss of the use of the hand

Considering that the human hand is made up of 27 bones, it is no wonder that there are so many kinds of injuries that can result. Construction workers, kitchen workers, cooks, office workers, railroad workers, workers that engage in heavy lifting, and workers that use different kinds of machinery are just some of the employees that are at risk of injuring their hands while on the job.


Related Web Resources:
Study: Hand Injuries Most Prevalent, Occupational Hazards/Shock Teck, July 2002 (PDF)

Getting a handle on work-related hand injuries, The Fabricator, September 25, 2003

Continue reading "Chicago, Illinois Workers’ Compensation: Hand Injuries Sustained on the Job" »

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March 16, 2010

Illinois Railroad Worker Lawsuit Sues CSX Transportation for Asbestos Exposure

A number of railroad workers are suing CSX Transportation for exposing them to asbestos. The plaintiffs are Richard D. Cocke, Glenn A. Williams, Ronald Kidd, Vincente E. Leal, Jesus Zavala, Melvin Denhart, and Pascual Santiago. They worked for CSX between 1959 and 2008.

According to their Illinois railroad injury lawsuit, they were exposed to products that contained asbestos while on the job. They claim that this exposure caused them to develop asbestosis, pneumoconiosis, and other health conditions, while increasing their risk of developing lung cancer, progressive lung disease, mesothelioma, bronchogenic carcinomas, and bronchogenic carcinomas.

The plaintiffs say that CSX neglected to provide them with a safe workplace and tools, did not instruct and warn them on how to work safely around and with products that contained asbestos, failed to run the railroad in a safe manner, neglected to remove asbestos dust, did not provide safe ventilation systems, and failed to test products before making the workers use them.

Each of the plaintiffs is asking for at least $100,000 plus other relief.

Asbestos Exposure on the Job
Unfortunately, exposure to hazardous substances is one of the dangers that railroad workers can face. Asbestos exposure can prove deadly, yet many workers don’t realize that they have exposed to these fibers that, when inhaled, can get caught in the lungs and cause serious illnesses.

Just working around asbestos can be dangerous. If these fibers get onto one’s work clothes, family members and others are placed at risk.

It can be frustrating to know that your health and quality of life has been severely compromised because you were a loyal worker who was just doing your job.

CSX workers claim asbestos exposure caused cancer, The Record, March 16, 2010


Related Web Resources:

Why Do You Need to be Concerned About Asbestos?, US Environmental Protection Agency

Abestos, US Department of Health and Human Services

Continue reading "Illinois Railroad Worker Lawsuit Sues CSX Transportation for Asbestos Exposure" »

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March 2, 2010

Former Norfolk Southern Railroad Employee Files Illinois Railroad Worker Lawsuit Over Repetitive Traumas

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 " »

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February 19, 2010

OSHA Orders Chicago, Central and Pacific Railroad and Illinois Central Railroad Co. to Pay Former Worker $80,000 in Back Pay

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

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February 13, 2010

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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January 27, 2010

Machinist Sues BNSF for Railroad Worker Injuries, Including Repetitive Trauma

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

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January 7, 2010

Union Pacific Worker Can File FELA Lawsuit for Parking Lot Injury, Says Court

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)


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Union Pacific

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November 18, 2009

Recent Railroad Injury Lawsuits Claim Damages for Injuries and Slip and Fall

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

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October 7, 2009

FELA Lawsuits Name Union Pacific, Illinois Central Railroad, and BNSF as Defendants

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

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September 25, 2009

FELA Lawsuit Says Railroad Job Resulted in Hernia and Herniated Disc

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

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September 10, 2009

Illinois Railroad Work Injury Lawsuit Against Union Pacific Cites Exposure to Toxins as Cause of Pancreatic Cancer

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

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September 2, 2009

Illinois Railroad Worker Files Lawsuit for Spine, Neck, Wrist, Arms, and Hand Injuries

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

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July 21, 2009

Illinois Railroad Employee Files FELA Complaint Against Union Pacific Railroad Company

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

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May 31, 2009

Former Railroad Worker Sues Union Pacific Railroad Company for Work Injuries

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" »

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March 11, 2009

Former Railway Worker Sues Railroad Company for Spine, Back, and Neck 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

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January 6, 2009

Illinois Railroad Helper Sues Union Pacific and Alton and Southern Railway Company For Work 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

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December 4, 2008

Illinois Railroad Worker Sues CSX Transportation for Repetitive Trauma 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

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November 23, 2008

Former Railroad Worker Files Illinois Personal Injury Lawsuit Against Ex-Employee for Ulnar Nerve Syndrome and Bilateral Carpal Tunnel Syndrome

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

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