Railroad sued for failing to address ergonomic risk factors

Michelle Keahey, East Texas Bureau Apr. 23, 2012, 11:54am


A railroad worker has filed a lawsuit against his employer claiming that he was exposed to ergonomic risk factors, which caused him to suffer injuries to his shoulder and spine.

Claiming violations of the Federal Employers' Liability Act, Ronnie Phillips filed suit against BNSF Railway Co. on April 19 in the Eastern District of Texas, Beaumont Division.

Phillips states that he suffered injuries to his left shoulder and spine by continuous and repetitive exposure to various ergonomic risk factors while working for the railroad.

BNSF Railway Co. is accused of negligence for:

  • Failing to provide Philips with a safe place to work;
  • Failing to warn of the dangers associated with occupational exposure to ergonomic risk factors;
  • Failing to comply with regulations and industry guidelines;
  • Failing to perform ergonomic screening or appropriate job analysis of Philips' job;
  • Failing to provide adequate training;
  • Failing to implement a comprehensive plan or program to control or prevent exposure to ergonomic risk factors;
  • Failing to provide employees with protective equipment; and
  • Providing its employees with tools or eqipment which contributed to ergonomic risk factors.

    The plaintiff is seeking an award of damages for medical expenses, loss of earning capacity and benefits, physical pain and suffering, disability, physical impairment, disfigurement, mental anguish, emotional distress, aggravation of pre-existing injury, interest, and court costs.

    Phillips is represented by J. Kirkland Sammons of Sammons & Berry PC in Houston.

    A jury trial is requested.

    U.S. District Judge Ron Clark is assigned to the case.

    Case No. 1:12-cv-00185

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