My law partner John C. recently wrote an article about a CSX Conductor who fell on ballast.
One recent case that I am working on is the F.E.L.A. claim for a CSX conductor who was hurt in Pennsylvania (PA) while walking alongside the train. The loose ballast rock gave way causing my client to fall down an embankment. It was dark and rainy at the time of the incident. It was a good thing that my client reported his injuries immediately to the supervisor that day. Otherwise, the failure to report the injury can mess up the FELA claim against the railroad for its fault causing an on-duty injury.
The reason that the railroad worker was walking the train was a defective hot box detector. A hotbox detector is a wayside infrared sensing instrument which is used to identify things like overheated bearings. This device, at the location in question, had had some prior problems. The upshot was that the safety device for railroad operation was not working and caused my client to have to get out and move around in the difficult rocky terrain on the side of the train.
To read the rest of the railroad injury article, please click here.