Trains.com

Railroad cover ups of injuries

3171 views
28 replies
1 rating 2 rating 3 rating 4 rating 5 rating
  • Member since
    December 2007
  • From: Georgia USA SW of Atlanta
  • 11,919 posts
Railroad cover ups of injuries
Posted by blue streak 1 on Wednesday, December 20, 2023 7:35 PM

ProPublica article about RRs trying to prevent injuries being reported

Railroad Supervisors Go to Extremes to Hide Worker Injuries — ProPublica

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Wednesday, December 20, 2023 9:36 PM

Injury handling procedures changed with every change in Senior Management.  Sometimes for the good, sometimes for the bad.

Never too old to have a happy childhood!

              

  • Member since
    September 2017
  • 5,636 posts
Posted by charlie hebdo on Thursday, December 21, 2023 9:48 AM

BaltACD

Injury handling procedures changed with every change in Senior Management.  Sometimes for the good, sometimes for the bad.

 

Probably physical injuries would not have been a major event with Dispatching.  I hope we hear from operating staff.

.

  • Member since
    December 2001
  • From: Northern New York
  • 25,020 posts
Posted by tree68 on Thursday, December 21, 2023 9:51 AM

I doubt this is limited to the railroads.  How many facilities do you see with a sign proclaiming "X days since a lost-time accident"?

Note that it doesn't say "reportable," or just "accident."

LarryWhistling
Resident Microferroequinologist (at least at my house) 
Everyone goes home; Safety begins with you
My Opinion. Standard Disclaimers Apply. No Expiration Date
Come ride the rails with me!
There's one thing about humility - the moment you think you've got it, you've lost it...

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Thursday, December 21, 2023 1:14 PM

charlie hebdo
 
BaltACD

Injury handling procedures changed with every change in Senior Management.  Sometimes for the good, sometimes for the bad. 

Probably physical injuries would not have been a major event with Dispatching.  I hope we hear from operating staff.

When I was a Trainmaster (9 years of my career) and a employee got injured on duty, (normally in the slip, trip, fall category) my responsibility was to transport the individual to the 'designated' hospital and see that they were examined/treated by the company's contracted Resident Physician.  Efforts were made to see that any medicine was 'Over the Counter'.  Prescriptions made the injury 'reportable' even if the employee was able to return to unrestricted duty after departing the hospital.

As a 'Official' I was to do everything possible to prevent injuries from becoming 'Reportable' in accordance will all elements that define a Reportable Injury.

Some 'officials' are much more strident in their efforts to prevent a injury from becoming 'reportable' - some of those kinds of officials severely cross the line.

Never too old to have a happy childhood!

              

  • Member since
    January 2002
  • From: Canterlot
  • 9,575 posts
Posted by zugmann on Thursday, December 21, 2023 1:16 PM

BaltACD
Efforts were made to see that any medicine was 'Over the Counter'.  Prescriptions made the injury 'reportable' even if the employee was able to return to unrestricted duty after departing the hospital.

I doubt you had a medical degree hanging up next in your cubicle at work, which shows how broken the system can be. 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

  • Member since
    September 2017
  • 5,636 posts
Posted by charlie hebdo on Thursday, December 21, 2023 2:10 PM

zugmann

 

 
BaltACD
Efforts were made to see that any medicine was 'Over the Counter'.  Prescriptions made the injury 'reportable' even if the employee was able to return to unrestricted duty after departing the hospital.

 

I doubt you had a medical degree hanging up next in your cubicle at work, which shows how broken the system can be. 

 

But he was an "Official"!!!

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Thursday, December 21, 2023 2:54 PM

zugmann
 
BaltACD
Efforts were made to see that any medicine was 'Over the Counter'.  Prescriptions made the injury 'reportable' even if the employee was able to return to unrestricted duty after departing the hospital. 

I doubt you had a medical degree hanging up next in your cubicle at work, which shows how broken the system can be. 

Tylenol vs. Tylenol-3

One makes the injury reportable, one doesn't.  While I have stayed at Holiday Inn Express'.  I am not an expert in medicine - although there are six doctors that I see during the year to keep me vertical, breathing and above room temperature.

Never too old to have a happy childhood!

              

  • Member since
    January 2002
  • From: Canterlot
  • 9,575 posts
Posted by zugmann on Thursday, December 21, 2023 2:57 PM

But a trainmaster should have zero input in that decision. 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Thursday, December 21, 2023 3:20 PM

zugmann
But a trainmaster should have zero input in that decision. 

The powers of persuasion is the only 'power' one possesses.  The Doctor is going to do what the Doctor is going to do - and is the FINAL authority.

With that being said - how many times have YOU been given a Prescription but not had it filled.  Personally there are a number of prescriptions I have not had filled - mostly 'pain killers' - !

Never too old to have a happy childhood!

              

  • Member since
    January 2002
  • From: Canterlot
  • 9,575 posts
Posted by zugmann on Thursday, December 21, 2023 3:27 PM

BaltACD
The powers of persuasion is the only 'power' one possesses.  The Doctor is going to do what the Doctor is going to do - and is the FINAL authority.

But yet you (you as in management) try to intimidate. 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

  • Member since
    December 2001
  • From: Northern New York
  • 25,020 posts
Posted by tree68 on Thursday, December 21, 2023 3:30 PM

zugmann
But yet you try to intimidate. 

Intimidation sometimes runs downhill...

LarryWhistling
Resident Microferroequinologist (at least at my house) 
Everyone goes home; Safety begins with you
My Opinion. Standard Disclaimers Apply. No Expiration Date
Come ride the rails with me!
There's one thing about humility - the moment you think you've got it, you've lost it...

  • Member since
    December 2017
  • From: I've been everywhere, man
  • 4,269 posts
Posted by SD70Dude on Thursday, December 21, 2023 3:50 PM

BaltACD

As a 'Official' I was to do everything possible to prevent injuries from becoming 'Reportable' in accordance will all elements that define a Reportable Injury.

Did your railroad put that order in writing?  And if so, how did they word it?

Agree about the intimidation and punishment factor.  I remember one conductor here pulling a muscle while lining a stiff switch at a customer spur.  He reported it and headed for the medical centre about an hour after it happened, once it became obvious that the pain was not going away and he had suffered something a bit more serious than a bruise.  CN brought him in for two separate investigations, one for getting hurt and the second for not reporting the injury immediately, and he was disciplined for this event.  After recovering he was given a few days of 'light duties' to start off his return to work, this entailed sitting in the station from 2200 to 0600 and helping other crews get their paperwork.

Greetings from Alberta

-an Articulate Malcontent

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Thursday, December 21, 2023 4:30 PM

zugmann
 
BaltACD
The powers of persuasion is the only 'power' one possesses.  The Doctor is going to do what the Doctor is going to do - and is the FINAL authority. 

But yet you (you as in management) try to intimidate. 

I have NEVER been accused to being an INTIMIDATOR.  That is not a part of my personality.

Never too old to have a happy childhood!

              

  • Member since
    January 2002
  • From: Canterlot
  • 9,575 posts
Posted by zugmann on Thursday, December 21, 2023 5:52 PM

BaltACD
I have NEVER been accused to being an INTIMIDATOR.  That is not a part of my personality.

But part of your job description? 

 

If you're trying to convince the doctors/patient not to prescribe (or be prescribed) something because it becomes FRA reportable - then I don't know another word for it? 

It's been fun.  But it isn't much fun anymore.   Signing off for now. 


  

The opinions expressed here represent my own and not those of my employer, any other railroad, company, or person.t fun any

  • Member since
    September 2017
  • 5,636 posts
Posted by charlie hebdo on Thursday, December 21, 2023 6:11 PM

BaltACD
transport the individual to the 'designated' hospital and see that they were examined/treated by the company's contracted Resident Physician.

In other words, the employee was examined by a physician working for the railroad, not working for the patient.  That conflict of interest can sometimes lead to under-diagnosing.  It's a slippery slope.

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Thursday, December 21, 2023 6:17 PM

charlie hebdo
 
BaltACD
transport the individual to the 'designated' hospital and see that they were examined/treated by the company's contracted Resident Physician. 

In other words, the employee was examined by a physician working for the railroad, not working for the patient.  That conflict of interest can sometimes lead to under-diagnosing.  It's a slippery slope.

Arrangements were FAR above my pay grade.  

The slippery slope enabled the injured to be seen and treated, normally within and hour of arrival at the Hospital where normal ER times where 6 to 8 hours or more.

A sprained ankle or wrist competing against the normal 'big town' after dark range of stabbings, gun shot victims and wife beatings in the 'normal course' of things would be put far down the triage list.

Never too old to have a happy childhood!

              

  • Member since
    September 2017
  • 5,636 posts
Posted by charlie hebdo on Thursday, December 21, 2023 11:17 PM

In other words, the corporate-speak middle management parroted to the injured.

  • Member since
    December 2007
  • From: Georgia USA SW of Atlanta
  • 11,919 posts
Posted by blue streak 1 on Friday, December 22, 2023 12:06 AM

So, what happens when a company doctor fights the supervisors too much?  Is there suddenly a change in doctors?

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Friday, December 22, 2023 9:06 AM

blue streak 1
So, what happens when a company doctor fights the supervisors too much?  Is there suddenly a change in doctors?

In my experience - the Doctors remained the Doctors.

YMMV

Never too old to have a happy childhood!

              

  • Member since
    December 2001
  • From: Northern New York
  • 25,020 posts
Posted by tree68 on Friday, December 22, 2023 2:09 PM

charlie hebdo

In other words, the corporate-speak middle management parroted to the injured.

Only if they want to keep their jobs...

LarryWhistling
Resident Microferroequinologist (at least at my house) 
Everyone goes home; Safety begins with you
My Opinion. Standard Disclaimers Apply. No Expiration Date
Come ride the rails with me!
There's one thing about humility - the moment you think you've got it, you've lost it...

  • Member since
    September 2017
  • 5,636 posts
Posted by charlie hebdo on Friday, December 22, 2023 3:32 PM

tree68

 

 
charlie hebdo

In other words, the corporate-speak middle management parroted to the injured.

 

Only if they want to keep their jobs...

 

Glad to see you recognize the abuse. But for the last 30 years or so, between unions and whistle-blower laws plus some guts, it doesn't have to be that way automatically.

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Friday, December 22, 2023 3:50 PM

charlie hebdo
 
tree68 
charlie hebdo

In other words, the corporate-speak middle management parroted to the injured. 

Only if they want to keep their jobs... 

Glad to see you recognize the abuse. But for the last 30 years or so, between unions and whistle-blower laws plus some guts, it doesn't have to be that way automatically.

No different than any other industry.

Never too old to have a happy childhood!

              

  • Member since
    March 2003
  • From: Central Iowa
  • 6,900 posts
Posted by jeffhergert on Friday, December 22, 2023 7:20 PM

Years ago, employee timetables had lists of company doctors.  Back when road travel was difficult, just about every town of any size had a company doctor.  Often the company doctor was the only doctor.

I viewed the aftermath of an injury (Sprained ankle, we used an ice pack out of my cooler on it.) to a student conductor.  There were three local officers who came out to "persuade" him not to seek professional medical help.  He was taken off the train, but is now a conductor with a some years under his belt.

While the persuasion is bad enough, it's the following treatment of employees, up to and including firing them, that's worse.  While I'm sure some of the pressure to keep an injury from being "reportable" hasn't changed, I think the retaliation has generally increased for anything over a minor injury.  I suspect that this is due because railroads are covered by FELA, the Federal Employer's Liability Act, instead of Workman's Compensation.  Under FELA, an injured employee either accepts what a railroad claim agent offers for damages or the employee has to sue the railroad.  I expect that compensation for injuries is greater under FELA and awards have probably been rising.  

Jeff

  • Member since
    June 2003
  • From: South Central,Ks
  • 7,170 posts
Posted by samfp1943 on Friday, December 22, 2023 8:08 PM

jeffhergert
{in part}

Years ago, employee timetables had lists of company doctors.  Back when road travel was difficult, just about every town of any size had a company doctor.  Often the company doctor was the only doctor.

I viewed the aftermath of an injury (Sprained ankle, we used an ice pack out of my cooler on it.) to a student conductor.  There were three local officers who came out to "persuade" him not to seek professional medical help.  He was taken off the train, but is now a conductor with a some years under his belt.

"...While the persuasion is bad enough, it's the following treatment of employees, up to and including firing them, that's worse.  While I'm sure some of the pressure to keep an injury from being "reportable" hasn't changed, I think the retaliation has generally increased for anything over a minor injury.  I suspect that this is due because railroads are covered by FELA, the Federal Employer's Liability Act, instead of Workman's Compensation.  Under FELA, an injured employee either accepts what a railroad claim agent offers for damages or the employee has to sue the railroad.  I expect that compensation for injuries is greater under FELA and awards have probably been rising... "

Jeff 

   I have UNDERLINED and highlighted; what I considered to be the main 'issues' that Jeff Mentioned in his Thread ENTRY...

Similarly, the linked article (by Pro Publica) mentioned,by O.P. Also,MENTIONED THE Threats in various forms of 'persuasion' to dissuade an 'injured' employee ffrom seeking spoecific medical attentions.

Management in most all industries, seeks to 'tamp down' reportable, on-the-job injuries.    Particularly, since so many professional organizations periodically, pass around awards for no OTJ injuries.         In Federal, and State, Regulated industries, too many injuries\ ; cqn force 'oversight',  and too many of them, can come with onerous monetary, and administrative fines.

   n  Such 'interventions' may have serious job and payroll implications, especially, in supervisory functions...   

   Which makes 'persuasion' a simple and meaningfull, management tool. 

 

 


 

  • Member since
    September 2017
  • 5,636 posts
Posted by charlie hebdo on Friday, December 22, 2023 8:48 PM

BaltACD

 

 
charlie hebdo
 
tree68 
charlie hebdo

In other words, the corporate-speak middle management parroted to the injured. 

Only if they want to keep their jobs... 

Glad to see you recognize the abuse. But for the last 30 years or so, between unions and whistle-blower laws plus some guts, it doesn't have to be that way automatically.

 

No different than any other industry.

 

Likely not true, but even if it were, that doesn't make it ok. 

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Friday, December 22, 2023 9:33 PM

charlie hebdo
BaltACD 
charlie hebdo 
tree68 
charlie hebdo

In other words, the corporate-speak middle management parroted to the injured. 

Only if they want to keep their jobs... 

Glad to see you recognize the abuse. But for the last 30 years or so, between unions and whistle-blower laws plus some guts, it doesn't have to be that way automatically. 

No different than any other industry. 

Likely not true, but even if it were, that doesn't make it ok. 

NO repeat NO company WANTS to pay out on injury claims.  

There are people who 'make a living' going from company to company and getting 'injured' shortly after being put in the 'work force' normally in some form of 'training' position and getting 'injured' while on duty.  They will 'MILK' the company for whatever 'medical & therapy' they can and will negotiate a 'injury settlement' and then move on to the next pegion for their scam.  THEY DO EXIST.

There are legit injuries as well as scam injuries.  If a company develops a reputation as a 'easy mark' they WILL get taken advantage of.  Today's world is even more legiteous than it was when I was working in the field in the 1970's.

Never too old to have a happy childhood!

              

  • Member since
    February 2003
  • From: Guelph, Ontario
  • 4,819 posts
Posted by Ulrich on Friday, December 22, 2023 9:57 PM

All injuries from paper cuts to loss of limbs should be reportable. Even a small injury can morph into something major or catastrophic, and officials, unless they're doctors, have no way of determining that. I've seen it a few times myself.. a sprained ankle turns into a permanant limp..a bump on the head turns into a brain bleed.. a small cut becomes infected and results in something far more serious. It goes on and gets worse as the workforce gets older. Report everything!

 

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Friday, December 22, 2023 10:45 PM

Ulrich
All injuries from paper cuts to loss of limbs should be reportable. Even a small injury can morph into something major or catastrophic, and officials, unless they're doctors, have no way of determining that. I've seen it a few times myself.. a sprained ankle turns into a permanant limp..a bump on the head turns into a brain bleed.. a small cut becomes infected and results in something far more serious. It goes on and gets worse as the workforce gets older. Report everything!

Had a Clerk, a known practical joker, submit a injury form - shoved paper clip underneath his finger nail.  Happened on the night shift with no non-contract supervisory personnel on site.  Knowing the individual, I considered it one of his 'practical jokes' until I got the hospital bill.

 

Never too old to have a happy childhood!

              

Join our Community!

Our community is FREE to join. To participate you must either login or register for an account.

Search the Community

Newsletter Sign-Up

By signing up you may also receive occasional reader surveys and special offers from Trains magazine.Please view our privacy policy