Gaithersburg: 301-670-7030
Baltimore: 410-769-5400
Frederick: 301-668-2100
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Whistleblower Protection

Railroad employees have long recognized that their employers have a well-established culture of harassment and intimidation with regard to the reporting of work related injuries and safety issues in general. At long last, there is now protection for employees who report injuries or unsafe conditions (see our railroad blog).

It is now a violation of Federal Law for a railroad to: "discharge, discriminate, demote, suspend, reprimand, or in any way discriminate, in whole or in part, against an employee that notifies or attempts to notify the railroad of a work related personal injury or illness." 49 U.S. C. 20109(a)(4).

If the railroad violates any of these rights, the employee has the right to file a complaint with the Occupational Safety and Health Administration. If successful, the employee is entitled to reinstatement, back pay with interest, attorneys fees and potential punitive damages up to $250,000.00.

What Should You Do If You Are Injured?

  • You must verbally report your injury to your supervisor immediately.
  • You must complete a written accident report form as soon as possible after the injury.
  • If the symptoms of the injury do not become known right away, then the injury must be reported as soon as you feel any symptoms no matter how minor.
  • It is CRITICAL if there are any issues of fault (i.e, defective equipment, dangerous working conditions, error of co-employees or management, etc.) they must be listed on the written accident report. Your recovery against the railroad for the injuries and damages you sustain will be based upon negligence of your employer. If there is no railroad negligence that caused in whole or in part the injury you sustained, you will not recover ANY damages for your injury.

What Are Your Rights With Regard To Medical Treatment For Your Injury?

  • The railroad may not harass or intimidate an employee in a manner designed to discourage or prevent such employee from receiving proper medical treatment or from reporting and accident, incident or injury. 49 C.F.R. 225.33.
  • The railroad may not tell an injured employee that he will be disciplined or investigated if an injury report is filed. 49 C.F.R. 225.33.
  • The railroad may not discipline an employee if the railroad interfered with the employee's ability to make prompt report of the injury. 49 C.F.R. 225.33.
  • The railroad may not refuse to furnish the injured worker with an injury report form. 49 C.F.R. 225.33.

Inform Your Health Care Providers

Make sure your doctors know the following:

  • As a railroad employee, your injury is covered by the Federal Employers' Liability Act ("FELA") and not by State Workers' Compensation Laws.
  • Tell your doctor not to consult or discuss your medical care with any railroad official without your express written authorization.
  • Tell your doctor that your railroad employer is not permitted to influence, delay or deny the medical treatment for your work related injury.
  • Tell your doctor that his charges for treating your work related injury will be paid by your Union negotiated health care plan. Your doctor does not need any authorization from your railroad employer for any treatment he deems to be medically necessary to treat your injuries.
  • If your doctor requires additional information with regard to these issues it can be attained from my office as Union Designated Legal Counsel - P. Matthew Darby at 800-248-3352.

If you believe your rights have been violated, contact Union Designated Legal Counsel - P. Matthew Darby at 800-248-3352 for a free consultation.

What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.

"One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism."

Heather P.

"Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case."

Jaclyn K.

" wanted to thank you, in writing, for your kindness and prompt response. Customer service is a dying art, and you gave me hope for my family."


"I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner."

Leo H.

"I have recommended Mr. Feldman to several of my friends and colleagues and have heard nothing but excellent reviews. He is the best lawyer I have ever used."


"I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold."

Mike F.

"These guys go above and beyond! They always have your best interest in mind."

Mike W.

"I would like to express my thanks to Amanda Knott and Gretchen Rogers for their patience with me through my ordeal with my workers comp claim. I was impressed from the very beginning when I spoke with G. Rogers on the phone and although she did not have to, she met with me personally and walked me through the steps of what to expect in this process."

Mr Sagal

"You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful."

Nancy F.

"Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case."

Navdeep C.

"I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need. "

Rick H.

"I wanted to compliment your law firm on having Amanda Knott as a paralegal. She worked tirelessly for almost 2 years making sure I understood what was happening and at the same time keeping all my records straight and in order, which allowed Gretchen Rogers to represent me in the best way possibl"

Terrye G

"The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed."

Tim T.

"I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!"

Val K.

Locations Throughout Maryland & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352
Fax: 301-670-9492

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352
Fax: 410-769-9200

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667
Fax: 301-668-2000