Go to navigation Go to content

Shapiro, Lewis & Appleton

All We Do is Injury Law

Toll-Free: 1-800-752-0042
Phone: 1-757-460-7776

PHONE: 757-460-7776
TOLL FREE: 800-752-0042

Get help Now!

Interested in working with us? Call us on 1-757-460-7776 or fill out this quick form and we will contact you within 24 hours!

 

Practice Areas

Getting Restitution Under FELA for Repetitive Stress Injuries

A growing number of our law firm's rilroad wroker clients are suffering from repetitive stress injuries, or RSIs. RSIs now account for more than 60 percent of all occupational illnesses, and RSIs afflict 1.8 million American workers each year.

These types of injuries are caused by the repeated use of a body part to perform a taks that strains or overextends that body part. It's important to recognize, too, that a worker does not have to be doing the same thing all day every day in order to develop an RSI. Much railroad work does not appear to be repetitive, but cumulative wear a joint or muscle group can also constitute an RSI

The number of RSI cases being brought under the Federal Employers' Liability Act is growing across the nation, and our firm has successfully handled many cases under FELA for many railroad employee clients.

An article in the September 2011 issue of Trial Magazine indicates that contrary to popular belief, an employee's job and age are not always a factor into whether a he or she develops RSI. The most common causes of RSIs are awkward posture or positioning, standing still for an extended time, poorly designed equipment, repetition of movement, vibrations, exposure to extreme temperatures, bending over and a lack of mandatory rotation of job duties. The article also laid out most common symptoms of an RSI injury:

  • tendonitis
  • bursitis
  • trigger finger
  • ganglion cyst
  • carpal tunnel syndrome
  • epicondylitis (tennis elbow)
  • tenosynovitis (inflammation of the synovium, the lining covering the tendons)
  • hearing loss
  • DeQuervain's syndrome (tendonitis at the base of the thumb)
  • chronic back pain
  • cumulative trauma disorder.

Railroads know the modifications they should make to employees' work tasks in order to prevent RSIs, but the companies often fail to implement the changes necssary to protect workers' health. Worse, rail corporations too often fail to warn their employees about the potential health risks of their jobs, including RSIs. In circumstances where an employer carelessly and negligently fails to prevent an RSI, the company can be held liable.

While it can be harder to connect an employer's negligence to an RSI than would showing liability for a single-incident, catastrophic injury, our team of experienced personal injury attorneys has successfully handled many FELA cases in the past. By looking at the right issues, we can show through expert testimony on workplace safety and ergonomics how and when a railroad should have maintained a safer work environment and was negligent in its duty of care for a worker.

The key is to perform a thorough ergonomic analysis, about which you can learn more by clicking here.

It is necessary for employers to conduct an ergonomic analysis of their workplaces and make any necessary changes the analyses reveal. The problem is that many companies negligently and carelessly fail to make the necessary adjustments. Some companies attempt to remain ignorant by failing to conduct the necessary analysis at all. Both of these circumstances provide a basis for potential liability.

A basic example of ergonomic analysis can be seen in garden tools. Many of the tools are made with handles or grips that are far more comfortable. This basic example provides an idea for how ergonomics can be used to help reduce RSIs.

Another method for reducing RSIs some employers carelessly and negligently fail to implement is changing a worker's tasks. This is known as an "administrative change," whereas changing a worker's tools is known as an "engineering change." If these types of changes are needed, an ergonomic analysis would reveal the need.

Any railroad worker should be mindful of the fact that RSIs claims against a railroad fall under FELA, which provides a 3-year statute of limitations from when the claim arises. In repetitive stress injury situations, careful legal analysis must be applied to determine when the 3-year statute of limitations begins to run -- "accrues" in legal jargon.

If you believe that you or a family member may have a repetitive stress injury, you should seek legal advice as soon as possible because the statute of limitations analysis usually requires legal advice and a careful analysis of not only the legal situation but a review of all applicable prior medical care for the injury involved. Please contact our law firm if you would like to have a free initial consultation. We handle these types of cases on a contingency fee basis, which means that our firm collects a legal fee only if we recover for you or your family member's injury.

We cannot take every case but will gladly talk to you for free if you are a hurt railroad worker. In these wear-out cases, we usually are looking for an injury requiring surgery and which disqualifies the person from his or her former job.

Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you've been hurt on the job, riding trains or crossing rail tracks. You may find our list "What Not to Do After a Railroad Accident" especially helpful.

OEA


About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.

Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.

We would like to send you one of our free reports about railroad injury and FELA cases, including Dos & Don'ts When Injured at a Railroad: Your FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).

While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

Best Injury Law Firm in VirginiaVirginia Super Lawyers