Unsafe Ground Conditions

Every year, many railroaders are injured as a result of unsafe ground/walking conditions.  While railroaders can be seriously injured in a single falling incident, they can also be injured as a result of cumulative trauma – meaning they are injured as a result of walking on unsafe ground conditions over the course of their railroad careers.  Unsafe ground condition injuries are not limited to the feet and legs, but can include injuries to the spine, as well as injuries to the upper extremities and head in the case of a fall.

Examples of unsafe ground conditions

Virtually any foreign object on the ground in a rail yard or along a railroad track can create an unsafe ground condition.  Below are a few examples of common unsafe ground conditions.

• Bad ballast – Ballast is the name for the rock and gravel which railroad tracks are laid upon.  Railroads often do not maintain adequate ballast or do not properly grade ballast.  As a result, railroad workers are injured when the ballast slides or gives way underneath their feet.  This can result in falling injuries as well as more severe injuries or death if a railroader falls onto the railroad tracks.  There is also supposed to be a difference between ballast the railroad lays in rail yards, and ballast the railroad lays along mainline railroad tracks.  Because workers are often working on the ground in railroad yards, industry standards and railroad rules require railroads to use smaller, “yard” ballast as opposed to larger “main line” ballast.  Often times, railroads will ignore these standards and rules and lay main line ballast in their rail yards to save money.  Over the course of a career, a railroader can suffer serious and permanent injuries to the feet, ankles, knees, hips, and/or spine as a result of walking on large, main line ballast.
• Debris/vegetation – Debris is any foreign substance on the ground where a railroader is working.  In the railroad context, debris often takes the form of discarded railroad ties, track spikes, trash, and/or cargo which has fallen from moving rail cars.  Debris near a railroad track is very dangerous, particularly where it is hidden in or under ballast.  Debris can cause a railroader to slip and fall, potentially onto railroad tracks where he/she can be struck and killed by a moving train or railcar.  While debris should be cleared by the railroads, they often do not clear debris because clearing debris does not make them money.  For many of the same reasons, vegetation in and around railroad tracks is dangerous to railroad workers.  While railroads are required to clear their work areas of vegetation to maintain a safe place to work, this is frequently not done, resulting in unsafe ground conditions.
• Track repair – Railroads often hire outside contractors to make repairs to railroad tracks.  These contractors will frequently leave tools and other materials on or near the railroad tracks, creating unsafe walking conditions for railroad workers.  Moreover, the heavy equipment used by these contractors will often leave holes and depressions in the ground.  When these holes are covered (by ballast, snow, mud, etc.) they create tripping hazards near railroad tracks where unsuspecting railroad workers can be injured or killed.  Because the railroad hires these contractors, the railroad is responsible for ensuring that their work is performed properly and their materials and equipment properly cleared before railroad workers are assigned to work there.

While this is by no means an exhaustive list of unsafe ground/walking conditions, it does identify common unsafe conditions, and the catastrophic injuries which can result when the railroad permits unsafe ground/walking conditions to exist.

What should I do if I have been injured on unsafe ground conditions?

If you or a loved one has been injured on unsafe ground conditions, contact Brian Reddyand Ryan Gembala at 1-866-725-5291 immediately for a no cost, no pressure legal consultation.  You should seek advice and counsel from experienced railroad attorneys.  The lawyers at Reddy Baran & Kral collectively have over 30 years experience representing injured railroad workers in lawsuits against the railroad.  Brian Reddy and Ryan Gembala have extensive experience handling various claims of single incident injuries as well as cumulative trauma injuries.

As soon as the railroad learns of your injury, it will have claim agents from its risk management department begin protecting the railroad’s interest and limiting any compensation to which you may be entitled.  It is important that you get tough lawyers on your side to protect your interests and those of your family.  Call Brian Reddy or Ryan Gembala today at 1-866-725-5291.