A man who worked for Union Pacific Railroad has sued his employers under the Federal Employers Liability Act. His claim states that he suffered permanent disability from a railroad worker injury that could have likely been prevented were it not for his employers’ negligence. The man reportedly suffered kidney damage after working with a spiker machine. Connecticut railroad workers may want to follow this case.
A spiker machine is a heavy piece of machinery that helps drive rail spikes down into ties on railroad tracks in order to hold rails in place. As with many other duties in the railroad industry, such work involves great risk as there are typically many potential hazards involved. A key to worker safety lies in proper training, provision of all available safety equipment and appropriate inspection, repair and maintenance of all work equipment.
Implementation of such safety measures is one of many responsibilities of a railroad employer. In this particular situation, the worker says he suffered kidney damage while using the spiker machine because his employers did not fulfill their obligations. His claim states that his employers did not inspect, repair or maintain equipment as required, and also deployed crew operators to the machine who were not sufficiently skilled for the job.
As it stands, a district court in Idaho is reserved for a five-day jury trial in June 2018. Because FELA allows any person who suffers a railroad worker injury in Connecticut to file a personal injury claim against the employer based upon evidence of negligence, such action often leads to compensation that an injured worker can use to help offset medical expenses and other costs related to a particular incident. Consultation with an attorney experienced in FELA laws is definitely warranted before filing a claim.
Source: magicvalley.com, “Lawsuit filed against railroad after man claims injury“, Laurie Welch, Feb. 13, 2018