If the railroad area in which you walk to perform your work is muddy, uneven, has loose rock or debris such as brake shoes, and you are injured then you must show:
The condition had been like that before your injury and the railroad knew or should have known of the condition. Examples:
– It had been reported and not fixed;
– It had existed over a period of time; and
– The railroad had not fixed the condition.
This applies to areas where the railroad has created the problem or even just allowed it to exist for a long time. Example:
The railroad has put down ballast and left it uneven or with different sized, large ballast that are not meant for walking areas. Some areas are required to have what is called crusher run. This is ballast that creates a safer walking surface for areas of heavy switching.
Railroad workers can collect for injuries. Contact the law firm of Wilson & Hajek.