What happens and who may be responsible
Struck-by and caught-between injuries can happen during switching, coupling, maintenance-of-way work, shop operations, material handling, or any task performed around moving railroad equipment. Federal Railroad Administration (FRA) has repeatedly identified struck-by hazards involving trains, railcars, and on-track machinery as a serious railroad safety concern.
Depending on the facts, responsibility may involve:
- Unexpected railcar or locomotive movement
- Failure to secure rolling equipment
- Unsafe switching or coupling procedures
- Poor communication between crew members
- Inadequate on-track protection
- Insufficient clearance around equipment
- Unsafe machinery operation
- Inadequate training or job briefings
FRA safety materials have specifically addressed serious injuries involving employees working between railcars and workers struck during switching operations.
How FELA applies here
A struck-by, crush, or caught-between injury does not automatically establish railroad negligence. The issue is whether the railroad failed to provide a reasonably safe place to work, safe procedures, proper communication, adequate protection, or appropriate equipment.
The investigation may look at how the movement was planned, whether equipment was secured, what instructions were given, whether safe clearances existed, and whether employees had adequate warning before equipment moved.
For roadway workers, federal regulations specifically require railroads to maintain on-track safety programs designed to protect employees from trains and other on-track equipment.
Safety bulletin
Struck, Pinned, or Caught Between Railroad Equipment? Do this now.
1
Identify the equipment involved
Record locomotive, railcar, machine, vehicle, or tool numbers and the exact location of the incident.
2
Document the movement and witnesses
Write down what moved, who controlled or directed the movement, and who witnessed what happened.
3
Talk to a FELA lawyer before signing important documents
Statements, releases, authorizations, or other paperwork may affect your rights after a serious railroad injury.
Common issues in struck-by and caught-between cases
- Unexpected railcar movement
- Rolling equipment not properly secured
- Workers positioned between cars
- Unsafe coupling or switching operations
- Poor crew communication
- Inadequate warnings
- Insufficient clearance
- Machinery backing or swinging into workers
- Failure to establish working limits
- Unsafe material handling
- Inadequate job briefings
- Failure to follow safety procedures
Injuries from struck-by, crush, and caught-between incidents
These incidents can cause severe or fatal injuries, including:
- Crush injuries
- Amputations
- Traumatic brain injuries
- Spinal cord injuries
- Fractures
- Internal injuries
- Hand and foot injuries
- Pelvic injuries
- Severe soft-tissue injuries
- Fatal injuries
What a struck-by or crush injury case may be worth
The value of a FELA claim depends on the severity of the injury, medical treatment, ability to return to railroad work, lost earnings, future limitations, and the evidence showing railroad negligence.
There is no standard value for a struck-by, crush, or caught-between claim. Serious cases should be evaluated based on the worker’s actual medical, employment, and liability evidence.
Evidence that may matter
Important evidence can include:
- Radio and crew communications: These may help establish instructions, warnings, and who directed the movement.
- Switching and movement records: Yard records, switch lists, or operational documents may help reconstruct how equipment was being moved.
- Event recorder or equipment data: Available data may show movement, speed, braking, or other operational details.
- Job briefings and safety procedures: These may indicate which hazards were discussed and how the work was to be performed.
- Photos and video: Images can preserve equipment position, clearances, work areas, and surrounding conditions before they change.
- Witness statements: Coworkers may provide critical information about equipment movement, communication, warnings, and working conditions.
Read about crush injuries and compartment syndrome on McEldrew Purtell’s main website.