I am being harassed for being injured

All railroads are required by law to report any and all employee injuries to the Federal Railroad Administration (FRA) that result in treatment beyond first aid. For example, if an injury results in any one of the following, it must be reported to FRA:

  • Stitches or staples
  • Prescription medications (including pain medication)
  • Casts, slings or splints
  • Physical therapy
  • Restricted or "light duty" (including so called "no lost time"injuries)
  • Lost work time
  • Admittance to a hospital (even if there is no lost time)

Railroads also are required to keep a list of all employee injuries that do not meet any of the FRA's reporting criteria. This list of "non-reportable" injuries must be made available to the FRA for inspection. Therefore, railroads are required to keep records of any and all employee injuries.

Railroad supervisors who fail to report injuries, or who harass or intimidate workers to prevent them from reporting injuries or seeking proper medical attention, can be held personally liable for up to $25,000 in fines and can be permanently disqualified from holding a safety sensitive railroad job. Furthermore, railroad officials can be subject to criminal prosecution for willfully filing a false accident or injury report to FRA. The FRA has a history of fining and disqualifying individuals, including railroad supervisors, who willfully violate railroad safety regulations.

The FRA would like to hear from you if any of your supervisors are intimidating or harassing you over injury reports. Feel free to give us a call at 1-800-654-RAIL to discuss your situation, or call the FRA directly at 202-632-3162 to report any such harassment.

Know Your Railroad's Internal Control Plan

The FRA also requires all railroads to publish and enforce an Internal Control Plan (ICP). It is critically important for you to be aware of your rights under the ICP as well as the duties of railroad managers under the ICP. For example, the Metro-North ICP reads as follows:

"Metro-North Railroad is committed to complete and accurate reporting of all accidents, incidents, injuries, and occupational illnesses arising from the operation of the railroad. Metro-North is also committed to full compliance with the FRA's accident reporting regulations. Harassment or intimidation of any person that is calculated to discourage or prevent any person from receiving proper medical treatment or from reporting any accident, incident, injury, or occupational illness will not be permitted or tolerated. Disciplinary action will be taken against any employee, supervisor, manager, or officer of Metro-North Railroad who harasses or intimidates."

Managers who violate these provisions of the ICP must be disciplined by the Railroad and are subject to the imposition of civil fines by the FRA.

We have helped rail workers file complaints with the FRA that resulted in the FRA penalizing Railroad management for interfering with the reporting of injuries. However, unless you report any and all such harassment and intimidation to the FRA, the FRA can not enforce the law and your rights will be meaningless.

Therefore, do not hesitate to call our railroad law firm office at 1-800-654-RAIL or the FRA Associate Administrator for Safety at (202-493-6300) directly to report any harassment or intimidation by railroad managers that you believe may be in violation of the FRA's ICP regulations. For further information you may wish to visit the FRA Website at www.fra.dot.gov.