Jury Awards $991,000 Over Railroad Worker’s On-The Job Back Injury

Back injuries are among the most serious conditions railroad workers can face. In a recent case in New York, the Long Island Railroad was hit with a $991,000 verdict after a signal worker claimed a physical therapy program exacerbated his on-the-job back injury.

A report on Law 360 stated the jury in Manhattan hit the railroad with the verdict after finding it was negligent in putting signal worker Daniel Curran into a physical therapy program.

It was described as a “work hardening” program and was said to have made his on-the-job back injury worse.

U.S. District Judge Edgardo Ramos denied the railroad’s motion for summary judgment against Curran last year.

However, the jury declined to find the Long Island Railroad negligent over a problem with rail buckling that it experienced in 2012. Curran claimed the on-the-job back injury occurred during an emergency repair of the lines.

The jury decided the railroad should not have pushed the signal worker to take part in physical therapy that was beyond his limits.

This “work hardening” therapy delayed Curran’s recovery, his attorney Marc Wietzke of Flynn & Wietzke PC, told the jury.

He said there was no timeline for recovery and it made little sense to push the railroad workers so hard given his existing on-the-job back injury.
Lawyers for the railroad indicated they will appeal the verdict. They challenged the accusations of negligence.

Curran was paid about $360,000 during the time he has not been working. The railroad is able to offset any damages he ultimately recovers by that amount.

Back injuries are common among railroad workers and they can be career ending. Recently. We noted how poor seating on trains is causing back injuries among workers,

More than a decade ago, a report by the American Society of Mechanical Engineers said executives of railroad companies make decisions focused on the “bottom line” while the crews who sit on chairs have little say.

There was little incentive for the railroads to tackle the high level of vibration workers face on poor seating.

Studies have repeatedly pointed to the ongoing pain suffered by railroad employees forced to sit on these poorly designed seats.

If you have suffered an on-the-job back injury working on the railroad, our FELA injury lawyers want to hear from you. Please call us at (866) 455-6657.

John Cooper

 

Why Slip and Fall Accidents are Common on the Railroad

John-cooperBy John Cooper, FELA Injury Lawyer

Slip and fall accidents are common in dangerous environments such as rail yards. In some cases a railroad may be liable if a slip and fall hazard is present.

Recently I noted a Texas case in which the Court of Appeals reaffirmed a $1.2 million judgment awarded to the family of a Union Pacific carman who died from complications from a broken leg sustained after a slip on mud.

Although railroads are inherently dangerous places, an injured worker or the family of a deceased worker, may have a legitimate claim for a slip and fall under FELA if the railroad has contributed to the dangerous condition or should have rectified it.

In the Texas case lawyers representing the deceased worker’s family successfully claimed a longstanding drainage problem at Union Pacific’s rail yard in Houston created muddy conditions that led to the worker’s fall.

slip-railroad

In another recent case relating to a fall, a jury in Montana has returned a $500,000 verdict against BNSF over a worker’s fall from a locomotive crane, leading to a back injury.

A lawsuit claimed a scaffolding violated OSHA’s regulations as well as the railroad’s own rules. Before the trial, the court ruled that the defense was prohibited from challenging the plaintiff’s description of the scaffolding because of its failure to preserve the scaffolding as well as investigation photos and measurements. The railroad claimed the worker continued to work for 18 months after his accident.

If you have been hurt on the railroad you should talk to a FELA slip and fall injury lawyer. Call Cooper Hurley Injury Lawyers at 866-45-6657.