Workers who are eligible to file workers’ compensation claims 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.
Why Railroad Workers Are at High Risk for Retaliation
It’s no secret that railroad work is one of the most dangerous industries. As such, the Federal Employers’ Liability Act (FELA) was enacted to hold employers responsible for accidents caused by their negligence and inability to adhere to safety standards.
Because employers are held directly accountable for these injuries, companies may retaliate against those who file for a number of reasons.
Workers’ Compensation vs. FELA
It’s critical to understand that railroad employees who are injured on the job do not file a traditional workers’ compensation claim. Railroad workers must file a claim under FELA in order to recover compensation.
Unlike workers’ compensation, which is a no-fault system that allows hurt employees to recover compensation regardless of the circumstances, FELA operates under a comparative negligence standard. Essentially, this means that you must prove that your employer was at least partially responsible for the conditions that caused your injuries.
Why Retaliation Happens in the Railroad Industry
As mentioned, placing blame and financial responsibility on an employer following an accident can lead to tension. Unfortunately, this can manifest in intentional or subtle forms of retaliation.
In many instances, supervisors are pressured by the company to minimize reportable injuries to prevent liability and keep their safety statistics low. Unfortunately, retaliation is not uncommon in some rail carriers.
What Retaliation from a Railroad Employer Looks Like
Your railroad employer’s retaliation against you may manifest in several different ways; it is imperative to identify these signs from their onset so you can begin documenting these instances the moment they occur.
Common Signs of Retaliation
- Denying or delaying access to medical treatment
- Discouraging or bribing you not to report the injury
- Demoting or suspending you without valid cause
- Reducing hours
- Creating a hostile work environment following a report
- Targeting you during performance reviews
- Pressuring you to violate safety standards
- Interfering with medical care
- Wrongful termination
Your Legal Protections Under the FRSA and FELA
Being the victim of retaliation following an on-the-job injury can be incredibly stressful. Not only do you have to manage your injury, but you may feel as though you are walking on eggshells at work. Though it can be upsetting, it’s important to understand that there are federal laws in place to help protect your rights as a railroad employee.
Key Rights Under the Federal Rail Safety Act
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.
Under the (FRSA), the following protections are in place to help keep you safe:
- Protection from retaliation for reporting safety violations
- Protection from retaliation for reporting workplace injuries or illnesses
- Protection from retaliation for refusing to violate safety laws
- Protection from interference with medical care
What FRSA Considers a Protected Activity
- Reporting a safety issue or hazard
- Reporting an injury or illness
- Refusing to violate safety laws
- Providing information to OSHA or FRA investigators
- Good-faith refusal to work under unsafe conditions
- Following medical orders from a doctor
How FELA Plays a Role in Retaliation
It’s also important to understand that filing a FELA claim is a protected action. As such, you cannot be retaliated against for utilizing your right to file a claim following an injury.
What You Should Do if Your Employer Retaliates Against You
If your employer or supervisor has taken any retaliatory action against you, it’s important to understand how to proceed to protect your rights.
Step 1: Document Everything
You should keep a detailed log of the following evidence that can help your case:
- Medical records and bills
- Safety reports and injury logs
- Witness statements
- All communications with the railroad, like letters, emails, or texts
- Dates, times, and contents of conversations
Step 2: Report the Violation to OSHA
You may file a formal complaint with the United States Department of Labor’s Occupational Safety and Health Administration (OSHA). It’s important to understand that the statute of limitations for filing an OSHA report for retaliatory actions or behaviors is 180 days from the date on which it occurred. If OSHA confirms your claims as fact, they may order your employer to take certain actions.
Step 3: Familiarize Yourself with the Remedies You May Recover
It’s important to understand the damages that you may recover if you are a victim of retaliatory actions following the report of an injury or safety violation. These remedies include:
- Reinstatement to your previous position
- Back pay and compensation for lost benefits
- Expungement of disciplinary actions
- Non-economic damages for emotional distress
- Punitive damages of up to $250,000 under the FSRA
Contact Our Experienced West Coast FELA Attorneys Today
If you are facing retaliation following a railroad injury or whistleblower claim, it’s important to understand that you have rights under federal law. Unfortunately, workers across the western United States and throughout California are regularly pressured into not reporting injuries. As such, it’s imperative to contact us at Hildebrand McLeod & Nelson LLP. One of the skilled FELA lawyers on our team will be the perfect fit for your upcoming legal case. Our dedicated team will examine your circumstances to determine the best course of action for your specific circumstances.
