NS engineer claims work caused sleep disorders
A tired worker is a threat to himself as well as those he serves. In the case of a railway worker diagnosed with Circadian Rhythm Sleep Disorder (CRSD), the impairment from lack of sleep could carry significant consequences, and falls within the responsibility of Norfolk Southern Railway, according to a FELA lawsuit that has recently been filed, the Website www.lawyersandsettlements.com reports.
Case in point is an NS engineer, who claims in a lawsuit that his sleep disorder was brought on by having to work irregular shifts. In a lawsuit filed April 14, the engineer claims that NS failed to provide adequate rest periods for its crews and enact a sleep break policy, failed to warn him of the dangers of irregular sleep patterns, and contributed to the problem by calling him in to work in a negligent fashion.
Basically, the suit alleges that the defendant failed to provide him with a safe place to work.
In addition to his diagnosis for CRSD, part of a collection of sleep disorders, which affect the timing of sleep, the engineer also claims that he has suffered from fatigue, depression, tinnitys (ringing in the ears), pain and mental anguish.
The plaintiff claims that his condition, caused by irregular work hours allegedly mandated by his employer, has forced him to undergo medical treatment, tests and therapy. The situation has caused the plaintiff much pain and suffering, mental anguish, and lost wages together with lost fringe benefits.
In general, the suit claims that the rail worker has lost the capacity for enjoying the normal pursuits of life.
NS, it has been reported, has countered by stating in its view the claim by the engineer under the auspices of FELA are pre-empted by the Federal Hours of Service Act.
The rail line argues that work hours for engineers are covered by federal law, and therefore the complaint should be duly dismissed with regard to the fact, or allegation that the subject matter covered in the complaint is preempted by federal law.
"Plaintiff does not allege that Norfolk Southern violated the Hours of Service Act, but rather alleges he worked 'irregular shifts'," the motion states.
The employer goes on to argue that the rail worker's claim for negligent infliction of emotional distress should also be dismissed, as he has not alleged that he was within the "zone of danger of a physical impact."
Meanwhile, experts continue to make the case that sleep deprivation is just as much an impairment as that stemming from intoxication from alcohol, or other drugs. Research shows that individuals who have been awake for 17 hours straight or longer, run the risk of falling asleep.
And it can happen, they say, "just like that."
Employees who are already tired on the job, and arrive at work sleep-deprived due to irregular hours, run an even greater risk of either falling asleep on the job, or making costly mistakes. Both scenarios can prove hazardous to employees, as well as customers and others under that employee's care and charge.
Other industries, such as the airline and trucking sectors, observe strict guidelines for rest periods and shift turnaround governing pilots and drivers respectively. These guidelines are in response to data that shows that accidents decline when vital employees are refreshed and working at top form.
Madison County Circuit Court Judge Andy Matoesian will hear the suit.
(This item was posted on www.lawyersandsettlements.com June 12, 2008.)
