Railroad retaliation: What are the consequences, and what can I do?

Railroad workers have federal legal protections under the Federal Railroad Safety Act, which specifically prohibits retaliation when workers report safety or security violations or report injuries or illnesses. These protections apply to employees of rail carriers and their contractors or subcontractors.

What counts as retaliation in the railroad industry

Adverse actions that may qualify as retaliation include termination, threats, demotion, reduced hours, denial of benefits, workplace intimidation, or disciplinary actions that arise solely because of protected activity. Railroads may not retaliate against a worker for:

• Reporting violations of federal railroad safety or security laws
• Refusing to work under unsafe conditions
• Reporting hazardous conditions to an employer or government agency
• Requesting medical treatment or following a physician's treatment plan
• Cooperating with regulatory investigations
• Reporting a workplace injury or illness
• Filing a FELA claim for work-related injuries

The timing of adverse actions often reveals retaliation. If a railroad worker reports a safety violation on Monday and receives a disciplinary notice on Wednesday for an unrelated minor infraction that was previously ignored, the proximity suggests retaliation. If a worker files a FELA claim and suddenly faces performance reviews that were never conducted before, this pattern can establish a retaliation claim.

Recent enforcement actions show real consequences

Federal agencies have enforcement authority that can result in serious consequences for railroads that retaliate unlawfully against employees. Recent cases demonstrate these protections are substantial and actually enforced.

In October 2024, the Department of Labor and OSHA determined that Soo Line Railroad illegally retaliated against a claims representative for reporting safety and injury concerns. OSHA ordered the railroad to reinstate the employee, pay back wages, and provide damages adding up to over $200,000, while also requiring the removal of negative records from the employee's file.

In August 2025, OSHA and the Department of Labor found that Union Pacific Railroad violated the Federal Railroad Safety Act by firing an engineer who reported a work-related injury and got treatment for it. The agency required the railroad to bring the engineer back, pay back wages, provide damages both compensatory and punitive, and cover attorneys' fees totaling more than $300,000.

Historical enforcement has resulted in orders totaling hundreds of thousands of dollars in wages, compensatory, and punitive damages owed to workers who were retaliated against for reporting safety hazards or injuries. These cases show that protections actually work in the railroad industry, and railroads face real financial penalties and compliance requirements when they retaliate against employees.

Legal consequences when retaliation is established

Once retaliation is confirmed, OSHA, on behalf of the Department of Labor, orders reinstatement of the worker to their old job, payment of back wages plus interest for lost income, compensatory damages for emotional distress and lost opportunities, punitive damages that may be awarded up to certain limits, and elimination of negative employment records connected to the retaliation.

Railroads can challenge these orders through administrative hearings or appeals, but the protections stay in effect while the legal proceedings continue. Punitive damages act as a deterrent by making retaliation expensive for railroads, even when they think they have legitimate reasons for what they did.

What you can do if you face retaliation after filing a FELA claim

Act quickly. A retaliation complaint must be filed with OSHA within 180 days of the adverse action. This deadline is strict, and missing it can eliminate your ability to pursue your retaliation claim regardless of how clear the evidence is.

Gather proof of what happened. Keep documentation showing when you filed your FELA claim or reported getting injured. Record any adverse actions taken against you, such as being fired, demoted, or having your schedule changed. Hold onto communications with management both before and after filing your claim. Make sure you have copies of your FELA claim documents and medical records.

File a complaint with OSHA or through the Department of Labor. The process requires submitting information about filing your FELA claim or reporting your injury, what negative action the railroad took against you, and how these two things are connected. You can pursue this retaliation complaint at the same time you're continuing with your FELA claim for compensation.

Don't let retaliation prevent you from pursuing your FELA rights

Railroad workers should never have to choose between pursuing compensation for their injuries and keeping their jobs. If you filed a FELA claim, reported an injury, refused unsafe work, or cooperated with a safety investigation and your employer responded with adverse action, you have legal options. Call ELG Law today if you got injured or diagnosed with a PFAS or asbestos-related cancer and you intend to file a FELA claim.