Railroad workers frequently encounter physically demanding conditions that can lead to various health issues over time. One of the common afflictions faced by this workforce is joint pain due to cumulative trauma or repetitive stress injuries, also known as “wear-out” injuries. These injuries develop gradually and result from prolonged exposure to tasks that strain the body. Unfortunately, many railroads have historically neglected to implement ergonomic principles that could reduce the risk of these types of injuries, often leading to significant health problems for railroad workers.
Federal Employers Liability Act: A pathway to compensation
When a railroad worker in Maryland suffers from serious joint pain as a cumulative trauma injury, the Federal Employers Liability Act (FELA) often provides a legal remedy. Important aspects of FELA that injured workers should keep in mind when navigating a claim include:
- Employer negligence: The worker must prove that the railroad acted negligently, and that this negligence played a part in causing the injury.
- No need for a specific injury date: Workers do not need to pinpoint a specific event or date of injury; the law recognizes that these conditions develop over time. The law generally states that the worker has three years from the time they should have known of the injury to file the claim.
This framework is essential because it reflects an understanding of the unique circumstances surrounding railroad work. It offers a route to recovery for workers who might otherwise be left dealing with the consequences of their injuries without support.
FELA and cumulative trauma: Examples of potential cases
As noted above, the burden is on the worker. To receive benefits, the railroad worker will need to show that the employer was negligent or otherwise failed to take action to prevent this type of injury. Evidence of the following can help workers to build a successful claim for coverage:
- Failure to provide proper ergonomic tools or equipment,
- Lack of adequate breaks to prevent overuse injuries, and/or
- Insufficient training on safe work practices.
In each case, if the railroad’s negligence in these areas contributes to an employee’s cumulative trauma injury, the worker may be eligible for compensation under FELA. This compensation can cover medical expenses, lost wages, and pain and suffering, providing significant relief and support to injured workers.