Railroad Whistleblower Retaliation (FRSA)

Congress passed into law the Federal Rail Safety Act (FRSA) in 1970. In the years since, it has helped improve safety and working conditions for railroad workers nationwide. Under “whistleblower” provisions of the act, railroad workers are entitled to protection for reporting violations of safety and policy regulations. These provisions, however, often resulted in workers facing retaliatory, adverse actions by their employers, including termination. Under new provisions, railroad employers are strictly prohibited from retaliating against a worker who reports an on-duty injury or who files a claim for seeking medical attention for a work-related injury. If you are a whistleblower retaliation victim, contact the railroad lawyers here at Hildebrand McLeod & Nelson LLP today.

Important Information About the Federal Rail Safety Act

Signed into law in 1970, Congress passed the Federal Rail Safety Act (FRSA) as a means to improve railroad safety. Provisions of the law are intended to promote safety in all areas of railroad operations and to reduce railroad-related accidents.

Congress was compelled to revisit the FRSA in 2007 following verified reports of railroad management intimidation to deny employees basic rights. That Amendment is commonly called “Railroad Whistleblower Protection”. Found at 49 § 20109, “whistleblower protection” prohibits railroad employers from firing, demoting, or otherwise retaliating against any worker who reports a safety hazard, or a work-related personal injury or illness. It also prohibits the railroad from interfering with the medical or first aid treatment of an employee.

Such violations may include:

• Discrimination against an employee for refusing to violate any Federal law or regulation relating to railroad safety or security
• Discrimination for reporting in good faith a hazardous safety or security condition
• Discrimination for reporting a job-related injury or illness; Failure to provide prompt medical attention or interfering in medical care of an employee

Don’t Let Employee Retaliation Go Unreported

If you feel you have suffered any type of adverse action as retaliation for an injury claim or for reporting an FRSA violation of unsafe conditions, don’t wait to see what will happen next. Talk to a lawyer at Hildebrand McLeod & Nelson LLP, in Oakland or Los Angeles, California.

For more than 90 years, we have been representing railroad workers and their families throughout the western states. Our FELA lawyers have an in-depth understanding of FELA and FRSA laws and will immediately investigate to determine whether you have a legitimate claim for compensation.

If you have suffered retaliation, we will work aggressively to help you recover:

• Your railroad job back, including all the seniority and benefits you have earned
• Any and all lost wages, including interest on the money you are owed
• Compensation for your financial damages and your attorney fees incurred in pursuing your claim
• Punitive damages awarded by the court, up to $250,000

Contact Our Railroad Whistleblower Retaliation Lawyers

For decades, the railroad whistleblower retaliation lawyers at Hildebrand McLeod & Nelson LLP in Oakland and Los Angeles, California, have successfully represented railroad workers who have suffered employee retaliation in violation of the FRSA. Even if you are unsure whether an adverse action you have suffered was in violation of the FRSA, talk to one of our attorneys. We will aggressively investigate your circumstances and explain ways in which we can help you recover compensation under the whistleblower protection provisions of the law. Contact our firm today.