Industrial Accident – Railroad Employer Liability

Worker was injured when he was on the job as a locomotive fuel filler and hurt his shoulder and neck lifting a fuel filling hose (2″ to 3″ in diameter) and fuel filler nozzle assembly (called a “Schneider”). The particular hose he was supplied was about 15 – 20 feet long. Normally the hose supplied for this task is about 4 – 6 feet shorter. The fuel filler nozzle assembly he was supplied weighed 45 to 50 lbs. The combined weight of the long fuel hose and fuel filler assembly weighed 75 to 85 lbs. The supplied fuel hose was affixed to a mast/pipe supplied by the employer that was supposed to swivel freely at various swivel joints, which swivels are designed to carry some of the load force from a standard size heavy fuel pressurized hose but were not designed for the loads created by an extra-long hose. NIOSH safe lifting criteria were violated, and that the plaintiff was supplied a work environment that exposed him to an injury producing hazard in violation of the Federal Employers’ Liability Act (FELA). Lake Superior Court, Cause No. 45D10-0612-CT-00223.

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