Since 2007, the Federal Railroad Safety Act (FRSA) has protected whistleblowers in the railroad industry from retaliation for reporting workplace injuries or safety hazards. This law prohibits employers (i.e., carriers) from harassing, blacklisting, or discriminating against a worker who has raised the alarm about workplace hazards.
If you are facing retaliation as a whistleblower, it is important to act immediately. At Poolson | Oden Injury Lawyers, we are prepared to help you protect your rights and pursue compensation after dealing with retaliation. Contact us today to learn more about working with a Metairie FRSA railroad retaliation lawyer.
Our FRSA Railroad Lawyers Are Here to Help You Fight Retaliatory Actions
At Poolson | Oden Injury Lawyers, our experienced FRSA railroad retaliation attorneys are here to ensure you receive the protection and compensation you deserve.
These cases require specialized legal knowledge, and unlike ordinary workplace injury lawyers, we understand the intricacies of railroad law, including FRSA and FELA claims. Our Metairie FELA railroad accident lawyers use comprehensive visuals and medical insights to build your case, maximizing your outcome based on the law, medicine, and facts.
Our firm’s success in handling FRSA cases speaks for itself. Attorney Carisa German-Oden made history with the landmark case Nagra v. National R.R. Passenger Corp., which was the first successful case in the country using the new whistleblower FRSA law.
This pivotal case helped an injured railroad engineer return to work after the railroad carrier illegally denied her a return-to-work examination. This case set a powerful precedent, showing that railroads are not above the law when deciding which employees can go back to work.
Our team also secured a major victory in a case against CSX Transportation, where we fought tirelessly to hold the railroad accountable for illegal retaliation against an employee who reported a work-related injury.
These victories demonstrate our deep knowledge of FRSA law and our commitment to fighting for railroad workers’ rights. We have the experience and dedication necessary to take on the toughest cases and achieve justice for our clients.
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What Activities does FRSA Protect?
The Federal Railroad Safety Act protects certain whistleblower activities. When railroad companies retaliate against an employee for these behaviors, they are in violation of federal law and could be subject to significant financial penalties.
Some examples of protected activities include the following:
- Reporting a safety violation or security issue
- Refusing to perform work when confronted by hazardous conditions
- Refusing to authorize the use of safety or security equipment under hazardous circumstances
- Assisting in an investigation of suspected violations of federal law
- Cooperating with the Department of Transportation
- Providing information about a workplace injury or fatality to the National Transportation Safety Board (NTSB) or another agency
These protections don’t just apply to railroad employees; companies must also avoid retaliation against railroad contractors and subcontractors for these protected activities.
Note that FRSA’s protections are limited to issues regarding safety and security. Other rights—when violated—will not lead to a viable FRSA claim. For example, the Equal Employment Opportunity Commission (EEOC) – not FRSA – deals with acts of racial discrimination.
Many Different Remedies for FRSA Retaliation Could Be Available
If adequate evidence of retaliation exists, a wide range of remedies might be available. Every case is unique, and the available remedies will depend on the facts. In general, a Metairie FRSA railroad retaliation lawyer could help you pursue the following options:
Reinstatement
For many workers, the best remedy is getting their jobs back. Reinstatement means more than returning to work for the railroad, however. Federal law requires this remedy to return a whistleblower to the same seniority status they held previously. Workers are also entitled to any benefits they would have accrued were it not for the discrimination.
In some cases, reinstatement might not be the best option, even if the whistleblower prefers to return to work. Specifically, a high risk of conflict or antagonism between parties might make any attempt at reinstatement unfeasible. In this scenario, the worker may be entitled to compensation for lost wages instead.
Back Pay
If your FRSA claim is successful, you should receive any back pay your employer owes you. This could be due to a wrongful termination or additional wages resulting from a demotion.
In addition to missed wages, you might also be entitled to interest. This interest begins to accrue back to the date the discrimination occurred. However, it only applies to economic losses like your wages.
Attorney Fees
Successful FRSA plaintiffs are also entitled to compensation based on the cost of pursuing their legal claim. First and foremost, this includes an attorney’s reasonable legal fees.
Often, the key question regarding the amount of attorney fees is, “What is reasonable?” This process involves the court determining a reasonable hourly wage and determining the amount of work counsel put into the case. This award is often based on the prevailing hourly wage in a given geographic location.
You ma be able to recover other costs associated with litigating FRSA complaints through a successful claim. For example, you might be entitled to expert witness fees or other litigation costs.
Punitive Damages
Finally, punitive damages might be available. Unlike the other damages in FRSA cases, these are not intended to compensate you for your losses. Instead, they exist to penalize the railroad company for its retaliatory behavior and are only applicable in rare situations.
Contact us at Poolson | Oden Injury Lawyers to learn what damages you might be eligible to recover in your whistleblower claim.
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There Is a Deadline for All FRSA Whistleblower Claims
Like with most lawsuits, a strict deadline applies to FRSA claims. Under the statute, you only have 180 days from the date of the adverse action to file an administrative claim with the Occupational Safety and Health Administration (OSHA).
Often, these cases begin with a letter from your employer notifying you of a rule violation related to an injury or the reporting of a safety concern. These letters not only provide formal notice of retaliation, but they also trigger the beginning of the 180-day window to act.
It is not uncommon for a whistleblower to face multiple adverse actions. For example, you might receive notice of a demotion and then face termination a month later. Each of these events could represent a violation under FRSA. Both offenses would also carry unique deadlines.
The exact moment this deadline expires might not always be obvious. Given the limited amount of time you have to act, it is important to rely on the advice of skilled legal counsel.
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Let Our Law Firm Protect You from Railroad Retaliation
If you believe you are facing retaliation due to acting as a whistleblower, you may be entitled to damages. In addition to your back pay, you might also be able to get your job back and even recover punitive damages. A Metairie FRSA railroad retaliation lawyer could help you get the outcome you deserve.
Do not put your chances of recovery at risk by acting as your own legal counsel. Contact Poolson | Oden Injury Lawyers today to discuss your options during a free consultation. Our case results and client testimonials demonstrate our excellent reputation for fighting for railroad employees and personal injury victims.