Repetitive Motion Injuries

Posted by on Jul 29, 2015 in Workplace Injuries | 0 comments

Construction workers have some of the most physically demanding jobs on the market. These jobs often involve repeating certain motions over and over again, for hours and hours a day. These repetitive actions can lead to serious injuries that develop over time and may leave a person unable to work. People may not take action to alleviate their injury, as the symptoms may only occur during work at the beginning. However, as time goes on, the pain can become excruciating at all points of a person’s day, even when they aren’t working. Not only is this uncomfortable, but can cause a person to be unable to work, according to the website of Crowe Mulvey. However, there are some signs to watch out for when it comes to repetitive motion injuries.

Some of the first signs a person may notice is pain, aching, and tenderness in the affected area. For example, if you use your elbow in daily work activities and start noticing pain when you bend your elbow, it may be a sign of a repetitive motion injury. As the injury gets worse, an individual may experience throbbing, tingling, or stiffness at the site of the injury. They may also be able to see visible swelling at the site. If these symptoms are ignored, the injury may become so bad that a person can not properly perform their job, leading to physical and financial stress. Some common results of this are bursitis, tendinitis, and carpel tunnel syndrome which can last for years of a person’s life. Due to this, it is important to recognize the symptoms early on.

Even though repetitive motions may be a part of an individual’s job, injuries from this cannot be ignored. Medical problems caused by these motions can last for years and need to be treated as soon as possible.

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Overview of FELA and Railroad Worker Injuries

Posted by on Apr 6, 2014 in Workplace Injuries | 0 comments

Railroad workers are peculiarly at risk to work injuries because of the nature of the work. This is why they are protected by a separate act of Congress specific to workers’ compensation under the Federal Employers Liability Act or FELA which was passed in 1908.

FELA applies to all railroad employees and their families even if their primary responsibilities are performed away from trains as long as the injury is work-related. A claim may be made with the railroad company or the employer, or may be filed as a lawsuit in state or federal court.

However, claims under FELA places the burden of proof of fault on the injured worker or the plaintiff. FELA only applies if the employer or railroad company is guilty of negligence in the workplace which resulted in injury to the worker. A violation under FELA involves the failure to ensure a safe environment for workers.

There are a lot of regulations that legally determine whether or not a workplace environment is reasonably safe for the people who must work in it. According to the website of Habush Habush & Rottier S.C. ®, a work environment which is reasonably safe, and covers tools, equipment and other devices necessary for the safe execution of the work entails that:

  • The work environment is cleared of hazards
  • The necessary training, assistance, supervision and aid are extended to employees
  • Workers are protected from harm from other employees
  • Enforcement of rules and regulations established for safety
  • Work quotas are reasonable

In an ordinary claim of negligence, the normal rule is that the defendant must be more than 50% at fault. Under FELA, the claimant only has to prove that employer negligence was at least partly to blame for the injury for a successful claim. If the company or employer is proved to have violated a federal safety standard such as those under the Occupational Safety and Health Administration (OSHA), the Safety Appliance Act, or the Boiler Inspection Act, the claimant will have an easier time proving negligence with the help of a knowledgeable and experienced FELA attorney. FELA claims include compensation for loss of wages, medical expenses, as well as mental distress, pain and suffering.

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