The Federal Railroad Safety Act (FRSA) protects all railroad workers from retaliation or discrimination after they engage in specific protected activities. When their railroad employer violates these protections, workers have a right to file a claim and fight for justice.
A New Orleans personal injury lawyer from the Poolson | Oden Injury Lawyers team can help you stay on track and understand your rights and legal options.
Our New Orleans FRSA railroad retaliation lawyers know the ins and outs of this federal law and recover compensation for employees whose rights were violated. Learn more during a free, confidential consultation with our team today.
How does the FRSA Define Protected Activities?
The FRSA’s whistleblower provisions determine what is considered retaliation and what protected activities are covered. Some common examples of FRSA-covered activities that could lead to retaliation or discrimination charges include:
- Reported an on-the-job injury, work-related injury, or illness.
- Accurately reported hours of duty.
- Refused to work when confronted with an imminent hazardous safety or security condition.
- Refused to authorize the use of any safety or security related equipment, track, or structures if there was an imminent hazardous safety or security condition.
- Requested medical or first-aid treatment.
- Followed the orders or treatment plan of a treating physician.
- Refusal to violate or assist in a violation of any federal law, rule or regulation relating to railroad safety or security.
- Filed a complaint, caused a proceeding to be brought, or cooperated with an investigation relating to railroad safety and security.
- Providing information in an investigation into gross fraud, waste or abuse of federal funds related to railroad or security.
If you have engaged in any of these activities and believe you now face retaliation or discrimination, you should immediately speak with one of our FRSA railroad retaliation attorneys.
You must build a case that ties the retaliation to your recent actions. Our lawyers will investigate your circumstances and gather evidence to do so.
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Why Choose Our Firm to Handle Your FRSA Railroad Retaliation Case in New Orleans?
Poolson | Oden has a team supporting each client, fighting for their rights and financial recovery. We put in the prep work for each case, setting us apart from competitors.
In addition, we have the necessary experience and knowledge to navigate cases based on the FRSA when ordinary workplace injury lawyers cannot. Our case results show we’ve recovered over $26 million for clients in the last five years alone.
We represent railroad workers in New Orleans based on contingency. Our fees come from the money we recover for our clients, never from their pockets.
As part of our contingency fee agreements, our New Orleans FRSA railroad retaliation lawyer does not charge upfront for their services. We only get paid if our clients do. Call today to learn more during your free consultation with our team.
How does the FRSA Protect Railroad Workers?
Since it went into effect in 2007, the FRSA has protected railroad whistleblowers who experience retaliation or discrimination because of their activities. This retaliation could include anything from workplace harassment to losing their job after reporting an injury, safety concern, or more serious issues with their railroad employer.
This statute makes it illegal for railroad carriers to discriminate or discipline workers who engage in specific protected activities, meaning the company cannot harass them, charge them with rule violations, blacklist them, or retaliate in other ways.
There is a comprehensive list of protected activities under FRSA. Our attorneys can help you understand if the issues you have experienced might be retaliation or discrimination based on the information you provide us about your case. During our free case evaluation, we will explain your rights, options, and next steps.
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What Rights does the FRSA Provide for New Orleans Railroad Workers?
Under the FRSA, workers whose railroad employer retaliates against them because of a protected action have a right to file a complaint with the Occupational Safety and Health Administration (OSHA).
They must file this complaint within 180 days of the railroad’s retaliation. The time to file is very short, so it is extremely important to contact us immediately!
Some railroaders may experience retaliation and be unsure if the company’s actions qualify for protection under FRSA. Our New Orleans FRSA railroad retaliation attorneys can review the case and offer our opinion. Some common forms of retaliation or discrimination include:
- Charging the workers with a rule violation
- Keeping closer tabs on them
- Reassigning them
- Blocking them from jobs, promotions, or raises
- Putting them on a watch list or high-risk list
When Should I Call a New Orleans FRSA Railroad Retaliation Attorney?
Contact our New Orleans team as soon as you believe the railroad has retaliated against you. You have only 180 days from the discrimination or retaliation to determine if you have a valid claim and file your complaint with OSHA.
We need to get to work evaluating and substantiating your case immediately.
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How Our New Orleans FRSA Railroad Retaliation Lawyers Can Help Make You Whole Again
Under the FRSA whistleblower statute, you can force your employer to provide compensation and other remedies to undo the damage done (a “make-whole remedy”). These remedies could include the following:
- Pay for your economic losses
- Pay your missed wages
- Cover the cost of emotional distress
- Pay for your attorney
- Clear your name of all disciplinary action
- Reinstate you to your job with all seniority
- Pay you for future lost income if the court determines you should not return to work there
- Pay up to $250,000 in punitive damages
A railroad retaliation lawyer from our team will help you determine which remedies you could receive. However, the court will ultimately decide which to grant based on the facts of your case and how much the discrimination costs you.
Talk to Our Team About Your New Orleans FRSA Railroad Retaliation Case
Poolson | Oden has the knowledge and experience necessary to represent railroaders after an injury or when you report a safety violation or perform another covered activity that triggers the company to retaliate against them.
We provide free consultations so you can learn how our New Orleans FRSA railroad retaliation lawyers approach these cases. Contact us today to get started.