Darby Law Group, LLC

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Darby Law Group, LLC

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FRSA Attorneys Standing Up For Whistleblowers And Injured Railroad Workers

Railroad employees have long recognized that their employers have a well-established culture of harassment and intimidation with regard to the reporting of work-related injuries and safety issues in general. There is powerful protection for employees who report injuries or unsafe conditions.

It is a violation of federal law for a railroad to: “discharge, discriminate, demote, suspend, reprimand, or in any way discriminate, in whole or in part, against an employee that notifies or attempts to notify the railroad of a work-related personal injury or illness.” 49 U.S. C. 20109(a)(4).

If the railroad violates any of these rights, the employee has the right to file a complaint with the Occupational Safety and Health Administration (OSHA). If successful, the employee is entitled to reinstatement, back pay with interest, attorney’s fees and potential punitive damages of up to $250,000.

At Darby Law Group, we help injured railroad workers throughout the East Coast pursue justice under the Federal Rail Safety Act (FRSA) when they are facing wrongful retaliation.

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How Does The FRSA Protect You?

The Federal Railroad Safety Act (FRSA) gives railroad workers legal protections against unfair treatment from employers. This law keeps you safe when you report injuries, ask for medical care or speak up about unsafe working conditions. Under the FRSA, a railroad company is legally prohibited from retaliating against you in any of the following ways:
  • A railroad may not discipline an employee for reporting an injury or an unsafe condition done in good faith.
  • A railroad may not discipline an employee for refusing to violate any federal law, rule or regulation relating to railroad safety.
  • A railroad may not discipline an employee for refusing to perform dangerous or unsafe work when done in good faith and where no reasonable alternative exists and the danger is immediate.
  • A railroad may not harass or intimidate an employee in a manner designed to discourage or prevent such employee from receiving proper medical treatment or from reporting an injury.
  • A railroad may not tell an injured employee that he/she will be disciplined or investigated if an injury report is filed.
  • A railroad may not discipline an employee if the railroad interfered with the employee’s ability to make a prompt report of the injury.
  • A railroad may not refuse to furnish the injured worker with an injury report form.
  • A railroad may not refuse to provide an injured employee with immediate medical treatment at the nearest facility.

An FRSA lawyer can help you file FRSA whistleblower claims, gather evidence and pursue remedies under 29 C.F.R. Part 1982. These remedies can include reinstatement to your job, full back pay with interest, compensation for unearned benefits, payment of attorney fees, and punitive damages up to $250,000 to hold negligent rail carriers accountable.

How Long Do I Have To File A FRSA Complaint?

A railroad employee impacted by disciplinary action or adverse action of any kind has 180 days from the date of the action to file a complaint with the Occupational Safety and Health Administration (OSHA). This is an absolute deadline that cannot be missed.

OSHA prefers a written complaint but will accept a telephonic notice of complaint as well. It is imperative that a railroad employee so impacted by a potentially adverse action contact competent railroad legal counsel as soon as possible. Legal assistance is important at an early stage to ensure that any investigation held by the railroad under the Railway Labor Act incorporates potential FRSA Whistleblower considerations.

What Damages Are Recoverable In A FRSA Whistleblower Claim?

If successful with a whistleblower claim, a railroad employee may be awarded the following damages:

  • Reinstatement with the same seniority status that the employee would have had, but for the discrimination;
  • Any back pay, with interest;
  • Compensatory damages, including compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees and reasonable attorney fees;
  • Punitive damages in an amount not to exceed $250,000.

Basic Overview Of OSHA Process And Timeline Details

An FRSA retaliation claim requires specific, time-sensitive steps. The process follows a detailed federal sequence:

  1. Filing the complaint: File a written complaint with OSHA within 180 days of the event.
  2. OSHA investigation: Investigators evaluate your claim, interview witnesses and examine railroad records.
  3. Preliminary reinstatement order: OSHA may issue an order directing the railroad to return you to work.
  4. The 210-day rule: If OSHA does not issue a decision within 210 days, you can remove your case to federal district court for a trial.
  5. Appeal: You may appeal the decision to an administrative law judge, the administrative review board or federal court.
  6. Settlement: Both parties can negotiate a settlement at any point during the proceedings.

If you face retaliation for reporting safety issues, you must act quickly to protect your livelihood. Our FRSA lawyers are ready to stand by your side from the initial filing through the final appeal. We guide you through every phase of the claims process to seek the back pay and reinstatement that you deserve.

Get A Strong East Coast Advocate For Your Rights

Have your whistleblower rights not been respected? Let us stand up for you. From our home base in Hunt Valley, Maryland, we help clients throughout the East Coast with whistleblower claims involving railroad injuries and safety conditions.

Learn more by calling 866-409-6136 or contacting us via email. If you live in Maryland, Pennsylvania, New Jersey, New York, Massachusetts or Washington, D.C., we can help you.