Whistleblower protection for railroad workers who reported injuries and filed a FELA claim

Railroad workers who suffer injuries or develop an exposure-related cancer because of their job are eligible to file claims under the Federal Employers' Liability Act (FELA). However, fighting for compensation as a worker is not as easy as it looks. Historically, railroad companies have used delay tactics, intimidation, and retaliation to stop their workers from reporting injuries and exposing unsafe working conditions. In March 2024, a locomotive engineer was fired by Union Pacific after reporting a work-related injury. After OSHA found that the company violated whistleblower protections, Union Pacific was ordered to pay more than $350,000 in back pay, interest, compensatory damages, and punitive damages.

The FRSA protects railroad whistleblowers from intimidation by employers

Under the Federal Railroad Safety Act, any employee of a railroad carrier (and its contractor or subcontractor) is protected from retaliation from their employer for reporting injuries and safety violations. FRSA complaints are first filed with the Occupational Safety and Health Administration (OSHA), but it is best to have a FELA attorney handle the initial claim and provide all supporting documents for the OSHA investigation. If the investigation finds that there is evidence of retaliation, the employer may be ordered to do the following:

• Reinstate the worker (if terminated)
• Compensate for lost wages
• Pay for the attorney's fees and other damages
• Restore benefits

Protected activities under FRSA: Reporting injuries and hiring a FELA attorney

Under FRSA, your employer cannot fire you or retaliate against you for doing a "protected activity", which includes the following:

• Reporting a railroad work-related injury or illness
• Requesting first-aid or medical treatment for injuries or illness, or following the orders of a physician
• Reporting safety violations
• Reporting hazardous conditions and an unsafe work environment
• Refusing to participate or assist in an act that violates federal laws, rules, and regulations about railroad safety
• Filing a complaint under federal laws or regulations, including filing a FELA claim or hiring a FELA attorney to start the process of filing
• Refusing to work under hazardous conditions
• Refusing to authorize the use of equipment under hazardous conditions

There are several ways an employer may retaliate against you for doing any of the activities mentioned above. Any adverse action committed against you or doing a protected activity may count as retaliation, according to the OSHA, including the following common tactics:

• Sending threats
• Interfering with medical treatment (by denying or delaying treatment, including first-aid)
• Termination
• Delaying of benefits
• Demotion or denial of promotion
• Denial of overtime
• Reducing hours or pay
• Reassignment (as interference with promotion)
• Using ridicule, a climate of fear, or discipline

Contact us: ELG Law assists railroad workers in filing FELA claims and railroad whistleblower claims

If you have suffered unfair treatment or received threats after reporting a railroad injury, we urge you to get legal representation as soon as you can. ELG Law has experienced FELA attorneys who can evaluate whistleblower claims and determine your eligibility. Additionally, we can help you file your FELA claim if you haven't already. Contact us to get this free case evaluation.