For workers who make workers’ compensation claims, they are simply seeking benefits from their employer’s insurance company after their workplace accident. However, railroad workers who are required to file Federal Employers’ Liability Act (FELA) claims are essentially suing their employer for their work-related injuries and thereby attributing a certain level of fault to them. So, when employers feel as though they are being blamed and subsequently penalized, they may intentionally or subconsciously punish the railroad worker who brought the claim forward in the first place. If this has been your personal experience, please continue reading to learn how your railroad employer might potentially retaliate against you and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can teach you how to respond to these behaviors and actions effectively.
How can my railroad employer retaliate against me?
Your railroad employer’s retaliation against you may manifest in several different ways; it is your job to identify these signs from their onset. For starters, right when you get injured on the job, your employer may deny your request to leave your job post for immediate medical attention and treatment. Even if they dismiss you, they may first bribe you to leave your injuries unreported. Or, they may not directly dissuade you, but you may have noticed how your employer now treats one of your coworkers poorly after they reported their work-related injuries. Specifically, such poor treatment you may experience, or witness firsthand, may entail minimizing your annual performance review, looking over you for bonuses or promotions, outright demoting, suspending, or terminating you, or otherwise creating a hostile work environment for you.
What should I do if I face retaliation from my employer?
Notably, the Federal Rail Safety Act (FRSA) was amended to include whistleblower protections. That is, this Act safeguards a railroad employee, contractor, or subcontractor from retaliation when reporting certain safety and security violations in their workplace.
Therefore, if you are still made a victim of any of the retaliatory behaviors or actions mentioned above, you may file a formal complaint with the United States Department of Labor’s Occupational Safety and Health Administration (OSHA). Importantly, please do so within 180 days from when the retaliatory behavior or action happened. If OSHA confirms your claims as fact, they may order your employer to certain actions. For example, if they retaliated by demoting you, they may be required to reinstate you to your original position. Or, if they terminated you, they may have to give you backpay to make up for your lost wages.
All of this to say, the time to act is now. Please pick up the phone or message us at Hildebrand McLeod & Nelson LLP. Surely, one of the skilled FELA lawyers on our team will be the perfect fit for your upcoming legal case.
