What happens and who may be responsible
Railroad work can place significant stress on the back, neck, shoulders, knees, hips, and other joints. Serious injuries may result from sudden trauma, heavy lifting, falls, repetitive physical demands, or unsafe equipment and work methods.
Depending on the facts, responsibility may involve:
- Unsafe lifting or material handling
- Falls from locomotives, railcars, ladders, or platforms
- Struck-by or crush incidents
- Defective equipment or tools
- Poorly maintained walking or working surfaces
- Inadequate staffing
- Unsafe work methods
- Failure to provide appropriate equipment
The Federal Railroad Administration (FRA) tracks employee injuries and illnesses involving the back, neck, upper and lower extremities, and other body regions as part of railroad injury reporting.
How FELA applies here
A spinal or orthopedic injury does not automatically establish railroad negligence. A FELA claim requires evidence that the railroad, its employees, equipment, or working conditions contributed to the injury.
The investigation may examine how the task was assigned, whether sufficient workers were provided, whether appropriate equipment was available, whether the work area was safe, and whether the railroad knew or should have known about the hazard.
Safety bulletin
Suffered a Serious Back, Neck, or Orthopedic Injury? Do this now.
1
Get appropriate medical care
Seek evaluation for symptoms such as severe pain, weakness, numbness, limited movement, or loss of function.
2
Document the work and equipment involved
Record the task, equipment, staffing, location, witnesses, and working conditions that contributed to the injury.
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 spinal and orthopedic injury cases
- Heavy lifting
- Repetitive lifting
- Falls
- Struck-by incidents
- Crush injuries
- Unsafe material handling
- Inadequate staffing
- Defective tools or equipment
- Poor walking surfaces
- Awkward work positions
- Repetitive climbing or bending
- Unsafe work methods
Spinal cord and orthopedic injuries may include
- Herniated or bulging discs
- Spinal cord injuries
- Paralysis
- Cervical injuries
- Lumbar injuries
- Shoulder tears
- Knee injuries
- Hip injuries
- Fractures
- Nerve damage
What a spinal or orthopedic injury case may be worth
The value of a FELA claim depends on the severity and permanence of the injury, medical treatment and surgery, the ability to return to railroad work, lost earnings, future limitations, and evidence of railroad negligence.
There is no standard value for a spinal cord or orthopedic injury 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:
- Medical and imaging records: MRI, CT, X-ray, surgical, and treatment records may help document the nature and severity of the injury.
- Work assignment records: These may show what task the worker was performing, how it was assigned, and whether adequate staffing or equipment was provided.
- Photos and video: Images can preserve the work area, equipment, walking surface, or hazard involved before conditions change.
- Witness statements: Coworkers may provide important information about how the task was performed and what happened before the injury.
- Equipment and maintenance records: These may be relevant when defective tools, machinery, steps, ladders, or other equipment contributed to the incident.
- Work and wage records: Employment records can help document missed work, restrictions, and whether the injury affects future earning capacity.
Explore information about spinal cord injuries and severe orthopedic trauma on McEldrew Purtell’s main website.