Whistleblower Lawsuits: Railroad Workers
Legislation passed in 2007 to amend the Federal Railroad Safety Act has
given the Occupational Safety and Health Administration (OSHA) authority
for providing whistleblower protection to railroad workers across the
country. The law also makes new remedies available to workers who receive
retaliation from the railroad carrier for their actions in reporting on
wrongdoing and unsafe practices within the company. If you have been fired,
harassed or intimidated in connection with reporting a
railroad injury, you should contact The Law Offices of Martin E. Jackson to discuss a
strategy for
recovering compensation.
You have an obligation to report all
traumatic railroad personal injuries promptly. It is important to report individuals who conduct this type
of harassment, whether they are acting individually or carrying out a
companywide policy to discourage FELA claims. Your employer is required
to adopt policies which inform all railroad workers of their rights under
law. Federal regulations provide that: "Harassment or intimidation
of any person that is calculated to discourage or prevent such person
from receiving proper medical treatment or from reporting an accident,
incident, injury, or illness will not be permitted or tolerated and will
result in disciplinary action against such person committing the harassment
or intimidation."
FELA Attorney for Whistleblower Lawsuits
Your whistleblower protections cover your right against retaliation for
making a report on any safety or security violations, whether you report
to the government or directly to your employer. Examples of adverse actions
which are prohibited include firing, demoting, denying promotion or overtime,
making threats, intimidation and reducing pay or hours. If you are successful
in your claim, you can be reinstated to your former position with the
same pay and benefits, receive back pay with interest, be compensated
for witness fees and attorney fees and receive punitive damages. You must
file your complaint within 180 days of the date when you received the
adverse action, or you will lose your right to pursue damages.