By Randy Appleton, VA/NC Railroad Injury Attorney

CSX has announced that it will be conducting an investigation into a recent accident that took place outside of Charlotte, North Carolina and left one track maintenance employee injured.

A spokesperson for CSX says that a train carrying a load of lumber collided head-on with one of its own hi-rail pick-up trucks. The accident happened Monday a little after 1 p.m. about a half a mile from Belmeade Drive and Mt. Holly Road in northwest Charlotte. Though no one on board the train was injured, the worker operating the hi-rail truck did suffer injuries that required treatment at a local hospital.

The company says that crews took longer than normal to respond to the accident given the rocky terrain surrounding that portion of the train track. Safety crews attempted to use a 4X4 vehicle to reach the accident scene but, after that failed, they had to put the injured worker on a stretcher and walk him a half a mile down the tracks until they could put him in an emergency truck.

CSX says that it will be investigating what led to the head-on collision and what mistakes might have caused the hi-rail truck to be on the same track as the lumber-carrying train.

A high rail pick-up truck is a special kind of road-rail vehicle that is designed to operate on both train tracks and conventional roads. The truck in question was fitted with steel wheels in addition to normal rubber tires to allow it to maneuver down train tracks. CSX says that pick-up trucks like the one involved in the most recent accident are equipped to ride on railroad tracks and often used to conduct track inspections and maintenance.

Working for a railroad, as a conductor, engineer, welder or other transportation employee, can be an incredibly dangerous job. Federal law is clear that employees have a reasonable expectation that the equipment being used around them will be operated in a safe manner. Those injured in railroad accidents should consult with an experienced Virginia railroad injury lawyer who can help them assess their legal options.

The skilled attorneys at my firm have been involved in numerous cases in which we have represented workers or the families of workers who have been seriously injured or killed while on the job. In one case out of Tennessee, my firm was able to secure an $8.6 million jury verdict for the family of a CSX railroad worker who lost his life due to lung cancer (the verdict is currently on appeal in Tennessee). The worker had been exposed to hazardous chemicals, which resulted in lasting damage to the man’s health.

Those who have been seriously injured in workplace accidents will likely have many questions about how to move forward and put the pieces of their life back together. If you’ve been injured and have questions and concerns about what to do next, the following frequently asked questions contain some important basic information about railroad accident claims in Virginia.

Here’s a video where one of our attorneys discusses when to hire a railroad worker injury lawyer:

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By Rick Shapiro, Railroad Worker Injury Attorney

Our firm represented a railroad engineer against CSX under the provisions of the Federal Employers Liability Act (FELA). This case is somewhat unique since the engineer’s injury did not occur at a rail yard. He was injured while being transported in a van that was secured by CSX.

This is the important takeaway of the case – the railroad is responsible for any independent contractors it hires that carry out “operational activities” of the railroad’s business.  This includes van transport, overnight lodging and some other operational activities.  Likewise, when CSX workers are injured on “third party” property doing their usual duties, CSX is responsible for any negligence of the other business or industry as well.

The engineer’s FELA claim against CSX resulted in a jury verdict in the amount of $465,000.  To learn more about the case result, check out our case result analysis page here.

By Richard Shapiro, Virginia (VA) Railroad Injury Attorney

The Paducah & Louisville Railway and CSX are currently facing lawsuits from workers who were injured in a fire that occurred during the cleanup of a derailed train. Two workers, Leonardo Anthony Carrillo and Gregory Powers, who were part of the railroads’ cleanup crew have sued P&L and CSX, as well as several contractors, claiming that the railroad companies failed to properly monitor dangerous chemicals while they men worked at the railroad cleanup site in West Point, Kentucky.

The incident that led to the injuries began when an acetylene cutting torch that was being used in the derailment cleanup process ignited butadiene, a highly flammable industrial chemical, that had leaked at the site of the train crash. The combination of the torch and the butadiene led to an explosion and eventually a fire that injured several employees working in the cleanup crew.

The men argue that they were following direct instructions when using the cutting torch and that it was the job of supervisors and other railroad employees to monitor the derailment site for the presence of dangerous contaminants such as butadiene. The two injured railroad workers were simply relying on their superiors to do their jobs properly and ensure a safe workplace.

The fire was severe and the injuries suffered by the two men are long lasting. Neither has been able to return to work since the October explosion, both are at home recovering from their injuries. The two employees say they are still scheduled for surgeries to repair damage done to various body parts in the workplace accident, including shoulder repair surgery and hand and wrist operations.

The railroad injury case is not the only lawsuit to flow from the West Point, KY derailment. Residents in the area have also filed a class action suit against CSX and P&L Railway after tankers carrying hydrogen fluoride spilled in the crash. The Federal Railroad Administration says it is continuing to investigate the accident and what may have led the train and its tankers of dangerous chemicals to derail in the first place.

Working on such industrial cleanup sites can be a dangerous job. When heavy equipment and dangerous substances are around, injuries have a tendency to become very serious very fast. Though the accident remains under investigation, it’s critical that employers take this tragic incident as a reminder of how important it is to implement proper safety procedures on railroad work sites.

Employees have a reasonable expectation that the equipment being used around them will be operated in a safe manner and that others will have done the necessary work to ensure the jobsite is free of dangerous chemical compounds. Those injured in industrial accidents should consult with an experienced Virginia railroad injury lawyer who can help them assess their legal options.

The skilled attorneys at my firm have been involved in numerous cases in which we have represented workers or the families of workers who have been seriously injured or killed while on the job. In one case out of Tennessee, I was able to secure an $8.6 million jury verdict for the family of a CSX railroad worker who lost his life due to lung cancer. The worker, much like the ones working at this derailment site, was exposed to hazardous chemical such as diesel fumes and asbestos which resulted in lasting damage to the man’s health (the case verdict is currently on appeal in Tennessee).

Those who have been seriously injured in workplace accidents will likely have many questions about how to move forward and put the pieces of their life back together. If you’ve been injured and are wondering about workers’ compensation, wrongful termination or what steps you should take after sustaining an injury, the following frequently asked questions contain some important basic information about railroad accident and injury claims in Virginia.

Here’s a Google Map showing the location of the October 2012 CSX train derailment:

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By Randy Appleton, Virginia Railroad Accident Attorney

The Third Circuit Court of Appeals rejected an attempt by CSX to use the Federal Railroad Safety Act to preempt a state common law claim. To learn more, read the full story here…

“Third Circuit Rejects Federal Railroad Safety Act Preemption”

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By Richard N. Shapiro, North Carolina Railroad Accident Lawyer

A deadly pedestrian train accident occurred on March 27, 2013 when an Amtrak train struck an 18-year-old in Thomasville, North Carolina (NC). To read the full story, follow the link to “18-Year-Old Struck and Killed by Train in Thomasville, NC”.

About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.

By Rick Shapiro, Virginia (VA) Railroad Accident Attorney

OSHA announced that it had signed an accord with BNSF Railway Co. after it was found to have unfairly retaliated against workers who suffered on-the-job accidents. The agreement means the railroad company will change some of its personnel policies and settle 36 whistleblower complaints filed against it by injured workers. To learn more, read the full story here…

“OSHA Extracts Important Agreement Out Of BNSF Railway For Retaliating Against Injured Workers”

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About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.

By Kevin Duffan, Virginia (VA) Railroad Accident Lawyer

Tragedy struck Montgomery County, Virginia (VA) on March 23, 2013 when a man was found dead on the tracks near Switchback Road. To read the full story, follow the link to “Man Fatally Struck by Train in Montgomery County, Virginia”.

About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.

By Kevin Duffan, North Carolina (NC) Railroad Accident Lawyer

According to the US DOT there are about 5,800 vehicle/train crashes each year in the United States, a high percentage of these accidents occur at railroad crossings. Due to multiple trains that cross Alamance County, North Carolina (NC), Norfolk Southern Police and local law enforcement have launched a campaign to educate the community of the dangers involved with railroads crossings. To read the full story, follow the link to “Alamance County Making Effort to Push Railroad Crossing Safety”.

About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.

By Richard N. Shapiro, North Carolina (NC) Wrongful Death Lawyer

A tragic pedestrian vs. train accident occurred on March 17, 2013 in southeast Charlotte, North Carolina (NC). To read the full story, follow the link to “Two Pedestrians Killed by Train in Southeast Charlotte”

About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.

By Rick Shapiro, Railroad Accident Attorney

What Happened:

The Occupational Safety and Health Administration ordered Union Pacific to immediately reinstate an employee who had been fired for reporting a work-related injury.

OSHA said that Union Pacific violated the worker’s rights as contained in the Federal Railroad Safety Act by wrongfully firing him for reporting a workplace accident. The company must now pay the worker more than $350,000 in back wages, including interest and other punitive and compensatory damages.

An OSHA investigation found that the wrongfully fired employee had more than 30 years of service for the railroad and had twice been given a “World Class Employee Award” when he was fired. The incident began in December of 2010 when the employee reported a work-related injury. No details have been revealed about what the injury was, OSHA says it is keeping the matters private given that it considers the employee a whistleblower in need of protection.

After the employee reported his injury, the railroad concocted a story about him misusing his company vehicle and promptly fired the man. OSHA’s investigators found that this was merely a pretext used by Union Pacific to retaliate against the man and that no misuse of company property actually took place.

The Virginia Injury Attorney’s Perspective:

Working for a railroad, as a conductor, engineer, welder or other transportation employee, is hard enough. Union Pacific had to make an already dangerous situation worse by not only failing to protect their employee from harm, but then firing him for having the misfortune of being injured. The problem with this, besides its illegality, is that when workers are not able to report safety concerns on the job then overall worker safety and health suffers, costing families dearly in the long run.

Even more disturbing is that this marks the second time in less than a month that OSHA ruled against Union Pacific for wrongfully firing a worker for reporting a workplace injury. Federal law, specifically the Federal Railroad Safety Act, is clear that employees have a reasonable expectation that the equipment being used around them will be operated in a safe manner. Those injured in railroad accidents should consult with an experienced Virginia railroad injury lawyer who can help them assess their legal options.

Potentially Helpful Info:  

The skilled attorneys at my firm have been involved in numerous cases in which we have represented workers or the families of workers who have been seriously injured or killed while on the job. In one case out of Tennessee, I was able to secure an $8.6 million jury verdict for the family of a CSX railroad worker who lost his life due to lung cancer. The worker had been exposed to hazardous chemicals such as asbestos and diesel fumes, which resulted in lasting damage to the man’s health.

If you’ve been injured in a railroad accident and have been fired or are worried about being fired as a result of reporting your injury, read through my firm’s article about railroad employees’ rights with regard to wrongful termination.

Have Questions? Check Out Our FAQs

Those who have been seriously injured in workplace accidents will likely have many questions about how to move forward and put the pieces of their life back together. If you’ve been injured and are wondering about workers’ compensation, wrongful termination or what steps you should take after sustaining an injury, the following frequently asked questions contain some important basic information about railroad accident and injury claims in Virginia.

Here’s a video explaining what to do if you’ve been injured in a work-related accident off railroad property:

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About the Editors: The Virginia and Carolina-based attorneys at Shapiro, Lewis, Appleton & Favaloro have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Richard Shapiro and Randy Appleton are railroad/FELA attorneys with our firm each with over 25 years of legal experience who together have handled railroad cases throughout the eastern United States. Furthermore, lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.