If you have been reading the news recently, you may know about the tensions between the railroad workers and their major freight line employers in the United States. On Monday, November 21, 2022, a contract deal that was brokered by the White House was rejected by one of the biggest railroad unions in the country due to frustrations surrounding railroad workers’ sick leave and attendance policies. Now, the country is bracing for a possible rail strike that could begin as imminently as December 5th, 2022.
With these events taking place, we wanted to provide a resource for railroad workers that helps ensure that they know their rights.
While existing federal employment laws do not specifically address the current complaints that railroad unions have been negotiating with employers about, they combine to help provide protections for railroad workers that they may not be aware of.
What Are My Rights & Protections as a Railroad Employee?
“The vast majority of America's freight railroads own, build, maintain, operate and pay for their infrastructure with little or no government assistance. (www.aar.org).”
There are several federal laws protecting railroad workers from discrimination, harassment, and retaliation. These include the Federal Rail Safety Act, which protects railroad workers from being dismissed, suspended or terminated because of a legitimate action they have taken while at work. The Federal Employers’ Liability Act is another federal law which provides railroad workers who have sustained workplace injuries or illnesses due to railroad company negligence an avenue to obtain compensation over and above workers’ compensation payments.
What is the Federal Rail Safety Act (FRSA) & How Does It Protect My Rights as a Railroad Worker?
The Federal Rail Safety Act (FRSA) is one of the laws that protect railroad workers from discrimination, harassment, and retaliation.
Railroad workers who have suffered retaliatory action of any kind from their employer for doing any of the following may be able to file a complaint with OHSA:
- whistle blowing, i.e. informing federal authorities of a railroad safety violation;
- refusing to carry out an order to comply with a violation of a railroad safety rule;
- notifying the employer of a workplace injury or illness;
- requesting first aid or medical treatment;
- complying with orders from a medical provider;
- reporting hazards or security issues at work;
- refusing to work when a safety or security hazard exists.
Any railroad worker who needs urgent first aid or medical treatment while at work must be allowed to do so without hindrance under the terms of the FRSA. The Act also requires the railroad company to arrange for injured railroad workers to be taken to the nearest hospital for treatment as soon as possible.
A complaint filed with OSHA within 180 days of the violation of the FRSA may lead to penalties imposed by OSHA on the railroad company and compensation paid to the railroad worker in addition to reversal of any disciplinary measures taken against the employee by the company.
What is the Federal Employers’ Liability Act (FELA) & How Does It Protect My Rights as a Railroad Worker?
The Federal Employers’ Liability Act (FELA) was originally conceived back in the early part of the twentieth century when accounts of horrific numbers of railroad injuries became common. FELA is an addition to workers’ compensation which is already available to railroad workers who are injured or become sick while at work.
There are significant differences between compensation available under FELA and under workers’ compensation, however. While workers’ compensation is a no-fault compensation system, compensation applied for under FELA is not. Railroad workers who are seriously injured or become sick because of their job and have evidence that the injury or illness was caused by negligence on part of the railroad company they work for can file a lawsuit against their employer. They must be able to prove that negligence caused the injury or illness, but if the lawsuit is won, they stand to win substantially more compensation than might be obtained solely through a workers’ compensation claim.
Get Help With Your Claim
While the outcome of the railroad workers strike is yet to be determined, there are measures that railroad workers can take to protect their rights under existing federal employment laws specifically aimed at protecting railroad workers. It is advisable to hire an employment lawyer when considering filing a claim following a violation of an existing employment law.
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Additional Resources
- Workplace Retaliation Letter
- Reporting Unsafe Work Conditions
- I Was Forced to Resign Because I Was Injured. What Should I Do?
- How to Prove Retaliation in the Workplace
