What happens and who may be responsible
Railroad work can expose employees to repeated physical demands over months or years. The Federal Railroad Administration (FRA) recognizes musculoskeletal disorders as conditions affecting muscles, nerves, tendons, ligaments, joints, cartilage, and spinal discs, including carpal tunnel syndrome, rotator cuff syndrome, sciatica, tendinitis, herniated discs, and low back pain.
Depending on the facts, responsibility may involve:
- Failure to use available mechanical assistance
- Repetitive heavy lifting
- Frequent bending or twisting
- Whole-body vibration
- Repetitive climbing
- Awkward work positions
- Forceful pushing or pulling
- Inadequate staffing
How FELA applies here
A cumulative trauma condition does not automatically establish railroad negligence. A FELA claim requires evidence that the railroad’s negligence contributed in whole or in part to the injury. FELA can apply to conditions that develop gradually, not only injuries caused by a single workplace event.
The investigation may look at the worker’s duties over time, frequency and duration of physical tasks, equipment used, staffing, ergonomics, prior complaints, available mechanical assistance, and whether the railroad took reasonable steps to reduce known physical hazards.
Safety bulletin
Developing Pain From Years of Railroad Work? Do this now.
1
Describe your work history
Write down the physical tasks you performed regularly, including lifting, climbing, bending, vibration, and repetitive movements.
2
Document when symptoms developed
Keep track of when pain or limitations began, how they progressed, and which work activities make them worse.
3
Talk to a FELA lawyer before signing important documents
Cumulative trauma claims can involve complicated questions about work history and when an injury developed, so early legal review can be important.
Common issues in cumulative trauma cases
- Repetitive lifting
- Heavy material handling
- Whole-body vibration
- Repetitive climbing
- Frequent bending and twisting
- Awkward body positioning
- Forceful pushing and pulling
- Repetitive tool use
- Inadequate staffing
- Lack of mechanical assistance
- Poorly designed work methods
- Long-term physical overexertion
Cumulative trauma injuries may include
- Herniated discs
- Chronic low-back injuries
- Cervical spine injuries
- Rotator cuff injuries
- Shoulder degeneration
- Knee injuries
- Carpal tunnel syndrome
- Tendinitis
- Sciatica
- Other repetitive stress conditions
What a cumulative trauma case may be worth
The value of a FELA claim depends on the severity and duration of the condition, medical treatment, surgery, ability to continue railroad work, lost earnings, future limitations, and the evidence connecting the injury to railroad working conditions.
There is no standard value for a cumulative trauma claim. These cases often require a detailed review of the worker’s medical history, job duties, physical exposures, and long-term employment records.
Evidence that may matter
Important evidence can include:
- Employment and job history: A detailed record of crafts, assignments, locations, and years of service can help establish long-term physical exposure.
- Work-duty records: These may show the frequency, duration, and physical demands of specific tasks performed over time.
- Medical records: Treatment records, imaging, and physician evaluations can document when symptoms developed and how the condition progressed.
- Equipment and ergonomic information: Records involving tools, machinery, seating, vibration, lifting devices, or other equipment may help explain the physical demands of the work.
- Coworker testimony: Employees who performed the same work may provide information about repetitive tasks, staffing, equipment, and working conditions.
- Prior complaints and safety records: Earlier reports about physical demands, equipment, staffing, or ergonomic concerns may become relevant to what the railroad knew about the working conditions.