Railroad workers face many types of on-the-job injuries, such as on locomotive engines, walking beside railroad tracks, at railroad industrial sidings, in hotels being supplied by railroads as lodging, and during transport by vans supplied by their railroad employers. The following are some of our previous case histories and results. Click the links to read FELA Railroad Injury Cases, Part II and FELA Railroad Injury Cases, Part III.
Defective Brake Sticks, Injuries Getting On And Off Train Car Platforms
Railroad workers have used brake sticks since the late 1800s, but they became disfavored by railroads and were out of use for decades. The purpose of a brake stick is to allow a railroad worker not to have to get on or off brake platforms on various types of train cars, whether hopper cars, box cars, tanker cars, or other types. A supervisor with Norfolk Southern filed for a patent for a modern form of an extending and retracting brake stick to reduce injuries of workers climbing on and off train car brake platforms. The patent called for at least two stages, like used on a swimming pool leaf net, except that most brake sticks have a metallic hook that allows workers to push or pull on a brake wheel. The idea of the brake stick was to reduce injuries and save time. How?
Norfolk Southern did studies to determine the average time it took workers to get on and off a coal train, climb onto each car and tie a hand brake, go to the next car, tighten a hand brake, wheel, etc. As an alternative, Norfolk Southern had the same workers use a telescoping modern brake stick and not climb on the brake wheel platform but stand where the brake wheel could be either tightened or released from the ground. By eliminating the workers getting on or off the train car platform, the railroad sought to eliminate injuries accompanying tripping or falling off brake platforms and other types of exertion injuries.
Related Railroad Slip and Fall Content
Norfolk Southern, CSX, and several other Class 1 railroads mandated the use of the brake sticks in many territories or yards, and the railroad trained workers on how to use them. We have successfully represented workers in cases that typically involve engineers or brakemen/conductors because the multistage brake stick can break during normal use. For example, when workers extend the telescoping brake stick and secure it on a brake wheel, sometimes, while applying pressure, the brake stick can fail in several ways. Sometimes, the two stages are pulled apart, causing shoulder or rotator cuff injuries or back strain. The hook could break off the end of the brake stick as well. Our firm has represented brakemen/conductors for some of these types of injuries. Also, suppose a worker gets injured on the brake platform because the particular railroad fails to implement brake sticks. In that case, there is a potential argument that the railroad failed to provide a safe place to work because of not supplying a safe brake stick as equipment.
Last, it should be mentioned that the Safety Appliance Act is a federal regulatory scheme that protects railroad workers if they are injured on the job. The Safety Appliance Act provides that the railroad must have safe train brake equipment, and several courts have ruled that a brake stick, once it is supplied by the railroad, becomes an accessory or item of equipment used in conjunction with the brake system. If that brake stick fails, it can be considered a violation of the Safety Appliance Act in some cases.
Injuries Operating Switches, Bow Handle Switches
Another common injury among railroad brakemen/conductors or switchmen is injuries while throwing switches. On railroads, including Norfolk Southern, CSX, Amtrak, and other eastern railroads, it is common for transportation workers to throw ground-level track switches daily. Every type of railroad track has switches that direct trains to either remain on the mainline track or go into industry sidings. Railways use several types of track switches, including New Century switches, High-Level switches, and several tradenames cover these. For decades, railroad workers have suffered back, shoulder, and knee injuries while throwing switches when they have defects or do not operate as intended. Federal regulations govern the fact that switches must operate as intended and must not catch or fail to throw for the full range of movement. While it is challenging to prove federal regulatory violations, we often have to study and track inspection records to determine if there was a defect in the switch or if it failed to throw property. Sometimes, switch injuries are unwitnessed by others (unless there is someone who comes and inspects it later), and the testimony of a conductor that a switch failed to throw can alone support a claim that the railroad failed to supply a safe place to work.
Related Railroad Switch Injury Content
In other cases, there was an inspection of the switch, and we were able to prove that there was a part missing or that it was not working correctly functionally. We can prove our case without a full defect; the law requires that the switch never worked as intended, and if the switch suddenly “caught” during the throw motion or failed to move as it should have, this may be sufficient. The railroad studied its injury records over the last few decades and became aware that many injuries occurred while throwing a track-level switch like a New Century ball-type switch.
Several persons connected with railroad work patented a new kind of switch called a Bow Handle switch, which ergonomically made it easier and safer to throw track-level switches. The Bow Handle ergonomically extends up to the regular waist level for a worker so the actual range of the throw motion was easier and less taxing on workers. These types of switches have reduced the rate of injuries, and if a worker throws an old-style switch it might be arguable that a Bow Handle switch should have been installed because the railroads know they are much easier to throw and cause far less injuries. This has been an argument we have made in several cases, which can be persuasive in a case where the railroad has Bow Handle switches in a geographical area but leaves some of the old-style switches when it knows they are not as
Legal Representation
Given the complexity of FELA cases and the significant financial interests at stake, railroad workers should seek legal representation when pursuing a FELA claim. Experienced railroad accident injury /FELA lawyers can help assess the strength of a case, gather evidence, negotiate with the railroad company or its insurers, and, if necessary, represent the worker in court. Contact Shapiro, Washburn & Sharp to schedule a free consultation and find out how we can help. Our attorneys are dedicated to getting our clients and their families the financial compensation they deserve, like the $5 million wrongful death award we obtained for one client who died from asbestosis after spending 27 years working in Norfolk Southern’s car repair shop.