There are several laws that protect Railroad employees from harassment, retaliation and discrimination. One of those laws is the Federal Rail Safety Act (FRSA) passed by Congress to protect railroad workers and employees of railroad contractors and subcontractors from being discriminated or retaliated against for filing an injury, seeking medical treatment, amongst other things. It provides in part that "A railroad carrier... may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee" who, for example:
The FRSA also prohibits railroads from denying, delaying or interfering with "the medical or first aid treatment of an employee who is injured" on the job. If you request transportation to a hospital, "the railroad must promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care."
The FRSA protects you if you have been given any discipline at all even if you have not lost any wages as a result of the discipline. FRSA claims are filed with your regional OSHA office and investigated by the Department of Labor. OSHA has the power to:
You only have 180 days from the adverse action to file a complaint with OSHA. If you want to proceed with a case, you must act quickly.
The railroad has lots of rules and often chooses to enforce those rules when it is convenient for the railroad. If you were terminated because you, in fact, broke a rule, you still may have a viable case under the FRSA if one of the protected activities listed above was also a contributing factor in your discipline.
Whether you have been fired or retaliated against for bringing a FELA claim, due to an off-duty injury, or because of your race, gender, age, or disability, contact St. Louis employment attorney Ryan Furniss immediately to discuss your claim. Ryan has successfully helped railroad employees and railroad contractor employees around the country whose employment rights were violated or who were injured on the job. Consultations are free of charge.
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