FELA Railroad Injury and Whistleblower Claims Overview
The Federal Employers’ Liability Act (FELA) provides compensation for injured railroad workers. The Federal Railroad Safety Act (FRSA) prohibits railroads from retaliating against workers who report an injury or safety concern or who follow their treating doctor's orders not to work.
Injured railroad workers are NOT covered by Workers' Compensation and are NOT entitled to automatically recover damages. Instead, injured railroad workers must prove the railroad was negligent in failing to furnish a reasonably safe work place and/or the proper equipment for work.
You have the right to know FELA injury law and whistleblower law.
Injured railroad workers are NOT covered by Workers' Compensation and are NOT entitled to automatically recover damages. Instead, injured railroad workers must prove the railroad was negligent in failing to furnish a reasonably safe work place and/or the proper equipment for work.
The railroad’s defense begins immediately when an injury occurs. The railroad’s claim agents and attorneys begin protecting its interests – not the injured railroader’s – by taking witness statements, investigating the railroad accident scene / equipment, and reviewing all the facts. This is all done with one thing in mind: To build its case to deflect negligence immediately after an accident involving an injury has its.
The claim agent takes witness statements, investigates the railroad accident scene / equipment, and reviews the facts. The claim agent may even attempt to take the injured railroader’s statement at the hospital, while medicated - again, to minimize the railroad's liability and maximize the worker’s responsibility. The railroad claim agent might also attempt to stop the injured worker from exercising his right to choose treating physician(s) and push the injured railroader to treat with a company doctor who is loyal to the railroad.
This is why if you are injured at work on the railroad you hire a personal injury lawyer experienced with FELA claims and railroad injury litigation.
Railroad workers who are wrongfully terminated or disciplined are covered under the Federal Railroad Safety Act (FRSA). The FRSA is a strong law that provides relief and damages for railroad workers who suffer retaliation for injuries, safety concerns, or when railroad managers and its medical department personnel deny, delay, or interfere with the course of the employee's medical treatment or for following a treating doctor's orders or treatment plan.
Some of the examples of what you can recoup as losses under the FRSA are:
- To avoid and expunge your discipline
- To reinstate you with all seniority and benefits unimpaired
- To pay you back wages with interest
- To pay for all your economic losses
- To pay unlimited emotional distress damages
- To pay punitive damages up to $250,000
- To pay your attorney's fees and costs
Deadline to File is Only 180 Days
The window for filing a FRSA complaint with OSHA's Whistleblower Protection Directorate is only 180 days. That means railroad workers only have 180 days to file from the date the worker knew or should have known the railroad decided to take an adverse action against them. So if you believe a railroad has retaliated against you for reporting an injury (or any of the other "protected activities" listed above), contact us as soon as possible so we can determine if you have a FRSA claim and if so how best to protect your rights.
Steven Garmisa
Emily TramontFred and I would like to thank you and your colleagues for all your time and effort in defending our case. You did a wonderful job leaving no rock unturned.
Fred & Kim