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Federal Whistleblower Protection For Injured Railroaders

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. As a result of this harassment, it is 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.” 49U.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.

Link to the OSHA Whistleblower Factsheet here.

By Matt Darby

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