Railroad Employees Gain Major New Legal Rights and Protections!

A new law is now on the books that gives railroad workers major new protections when they engage in "protected activity." That law prohibits railroads from disciplining, discharging, or in any way retaliating against employees who engage in "protected activity."

Protected Activity

All railroad employees (and employees of railroad contractors or subcontractors) engage in "protected activity" when they:

  • report their own work injury or occupational illness, or
  • report a co-workers work injury or occupational illness, or
  • furnish information relating to any railroad injury or accident, or
  • report any violation of any federal law, rule, or regulation relating to railroad safety or security, or
  • report any gross fraud, waste, or abuse of public funds intended to be used for transportation safety or security
  • refuse to violate or assist in violating any federal law, rule, or regulation relating to railroad safety or security, or
  • refuse to work under hazardous safety or security conditions, or
  • refuse to authorize the use of unsafe railroad equipment, track, or structures

All railroad employees now are protected when they report on-the-job injuries or safety violations to:

  • a railroad supervisor, manager, or safety department, or
  • the Federal Railroad Administration (FRA), or
  • OSHA or state agencies such as NY PESH, or
  • an Inspector General, or
  • any local, state, or federal law enforcement agency

Remedies Against the Railroad

If a railroad fires, lays off, demotes, disciplines, reprimands, intimidates, denies promotion or benefits, or in any other way retaliates against any employee who engages in the above listed "protected activity," that employee now can sue the railroad in federal court for a jury award of:

  • reinstatement with all seniority and benefits restored
  • back pay with interest
  • special damages and fees, and
  • punitive damages of up to $250,000.00

Don't Lose Your Legal Rights Through Delay

Under the law, you have a very short window of days to begin the process to protect your rights. If you have reported an injury or a safety violation, IMMEDIATELY contact us so we can advise you of how best to preserve and enforce all your rights under this important federal law.

When Reporting an Injury to Your Railroad

In order to guarantee your protection under this new law, when you report an injury to the railroad, you should ALWAYS at the same time also report it to the Secretary of Transportation. Call us at 1-800-654-RAIL(7245) or click here to print out the Secretary of Transportation Notification Form so you can fill it out and mail it to both the Secretary of Transportation and your employer Railroad.

If You Are Disciplined After Reporting an On The Job Injury

If the Railroad starts to discipline you after your report your injury, you have a very short window of days to begin the process to protect your rights under this new law. You should immediately contact experienced attorneys capable of handling the complaint all the way through to a federal court jury trial. Call us at 1-800-654-RAIL(7245) or fill out this form so we can take the necessary steps to protect and enforce your right to seek punitive damages of up to $250,000.00 against the Railroad.

If the Railroad Declares Your Injury"Non-Occupational"

As on most railroads, on Metro North Railroad one of the benefits employees are entitled to under their collective bargaining agreement is that the Railroad must pay for their on-the-job injury medical expenses. After you report your injury you will be forced to go to Metro North's OHS medical department. If Metro North's OHS then declares your on-the-job injury to be "non-occupational," Metro North will not pay for any of your medical expenses.

Accordingly, when Metro North's OHS department denies you benefits by arbitrarily declaring your on-the-job injury to be "non-occupational," that is a violation of the new law. Immediately call us at 1-800-654-RAIL(7245) or fill out this form so we can take the necessary steps to protect and enforce your right to seek punitive damages of up to $250,000.00 against the Railroad.

When Reporting a Safety Violation or Fraud

If you wish, you can bypass your railroad and go directly to the FRA, OSHA, or a law enforcement agency to report any waste of public funds or violations of safety rules or regulations. Your name and identify will not be disclosed to the Railroad unless you want it to be. Call us at 1-800-654-RAIL (7245) to discuss how best to report such fraud or safety violations.