Clients say it best

I couldn’t have asked for better representation and counsel...

Attorney
Referrals

We can tackle some of the most complex matters in the litigation world.

Results

Year after year, our team delivers unmatched results for our clients.

Personal Injury (and Employment): Railroader Retaliation & Discrimination (FRSA)

Similar to how on-the-job railroader injuries fall under the exclusive jurisdiction of the Federal Employers Liability Act, discrimination and retaliation against railroader whistleblowers are prohibited by a special federal law known as the Federal Railroad Safety Act (FRSA).

Whistleblower Protection for Railroad Workers

In 2007, the U.S. Congress made changes to the FRSA that significantly protect railroaders’ jobs and safety by making it illegal for employers to adversely treat railroad workers for trying to ensure the safety of passengers, fellow employees, and the public.

The FRSA specifically prohibits railroad companies from retaliating against employees who engage in “protected activities,” which include:

  • Reporting a dangerous condition on the railroad
  • Accurately reporting hours of service on the railroad
  • Refusing to violate any federal law or regulation relating to railroad safety
  • Refusing to perform unsafe activities on the railroad, or, for supervisors, refusing to order other workers to perform unsafe activities; or
  • Reporting one’s own work-related injury or illness, or a co-worker’s injury or illness, to the railroad

When a railroader has engaged in one of those protected activities, the law states that the railroad “may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part,” to that protected activity. The “in whole or in part” language in the law is important: if the railroad disciplines a railroader in part because of protected activity, and in part due to other reasons, the railroader still is protected under the FRSA.

Protection for Reporting Railroader Injuries

The FRSA offers other important employment protections for railroad workers, too. For example, when an employee is injured on the job, railroads are prohibited from denying, delaying, or interfering with that employee’s medical treatment, nor can the railroad retaliate against an employee for following his treating doctor’s restrictions or treatment plan.

If the employer violates the law, the railroad can be forced to:

  • Re-hire a fired employee and rescind any discipline imposed
  • Reinstate lost seniority
  • Pay back all lost wages and other financial losses caused by the retaliation, with interest added, and
  • Reimburse the railroader for expenses incurred, including attorney’s fees.

In cases where the railroad’s conduct is considered particularly egregious, the FRSA provides for punitive damages of up to $250,000.

Have You Been the Victim of Workplace Retaliation?

If you are a railroad worker and have been subjected to retaliation by your employer, you must act quickly to protect your rights under the FRSA.

The statute requires that you file a complaint with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) within 180 days of the date when you knew or should have known that the railroad engaged in retaliation. OSHA will investigate the complaint when it is filed, but, if it does not issue a final decision within 210 days of the filing, you can begin a lawsuit in federal court against the railroad, and you are entitled to a jury trial. If a complaint is not filed with OSHA during the initial 180-day window, however, you lose all rights and protections under the FRSA.

If you believe you have been a victim of employer retaliation for reporting an injury, refusing to perform dangerous work, or engaging in any of the other protected activities described above, you need to contact an experienced railroad attorney immediately! The railroad lawyers at Sommers Schwartz have extensive experience in representing injured and mistreated railroaders in all crafts, across the U.S. We will help you determine if you have a case, and if so, fight to recover the compensation and protections you deserve.

A Trusted Authority

Our attorneys have been featured on local and national media outlets, including:

sommers-media-compressor

A Client With a Wrongful Death Case

My family and I would like to thank Matt Turner, Mickey McCullough, Janice Koehler, and your entire law firm for your dedication to my wife’s wrongful death case. We realize that we had the best law firm to successfully help us. We appreciate the obviously hard work and the efforts…

Praise for Albert Asciutto

Shout out to Albert Asciutto for being a fantastic attorney & walking me through the entire process of fighting for my wages! He made the process quick and easy. In the end we won the case!! Thank you again for taking my case on, you are awesome! I would absolutely…

Praise for Jesse Young and Alana Karbal

Alana Karbal and Jesse Young did an excellent job fighting a giant for my wages. They pushed me to get what they needed from me and were amazing at communicating with me at all times. I won my arbitration and was so excited when I got more than what I…

Praise for Wage & Overtime Pay Attorney Jesse Young

Jesse Young worked an employment case for me that ended with almost 700 people getting their unpaid wages back. He and his team are incredible. From the first communication to the last, they never missed a single beat – consistent and clear communication, quickly replying to my communication, and always making…

A Client’s Gratitude for Tad Roumayah

Tad, I want to express my sincere gratitude for your unrelenting advocacy on my behalf throughout this process. It’s a shame that this sort of thing is still happening to new moms in 2023 and at an institution that prides itself on diversity, equity, and inclusion, no less. Knowing there…

Comments about Matthew Curtis from an Appreciative Client

Your efforts have changed my life, Matt. I’m forever grateful. My wife has tons of upcoming medical expenses, and we had both been working hard to make ends meet. I can’t thank you and your staff enough.

Praise for Lisa Esser-Weidenfeller and Matthew Curtis

I am writing to express my sincere gratitude for your hard work and dedication in handling my case. I appreciate your professionalism, your compassion, and your perseverance throughout this challenging process. You have gone above and beyond to protect my rights, to defend my interests, and to secure a favorable…

A Client Talks about Andy Dragovic

My wife had an accident, tripping over a cable line that wasn’t buried. Andy represented us and were very pleased with the outcome. Andy was very professional, personable, and quick to respond to us, answering any of our questions or concerns. The whole firm was responsive to our concerns, and…

Our Clients Say It Best

googlereviews
70 5-star reviews on Google