By Randy Appleton, Railroad Accident/FELA Attorney

Don’t be afraid to the blow the whistle if your railroad company is doing something wrong. That was the underlying message of OSHA requiring Illinois Central Railroad Co. and the Chicago, Central & Pacific Railroad to pay an ex-employee $80,453 after they were fired for reporting a work-related injury.

The $80,453 will go to cover lost wages, compensatory damages, and attorney’s fees. The railroad companies also have to provide information to all of their employees about whistleblower rights.

This began when the employee reported their work-related injury to the proper officials from both railroads and an investigation into the cause of the injury was launched. However, this “investigation” resulted in the employee getting fired.

Evidence revealed during OSHA’s investigation revealed the employee was in compliance with the rules and guidelines for reporting a railroad work-related injury and want not at fault, according to the Department of Labor .

“While OSHA is best known for ensuring the safety and health of employees, it is also a federal government whistleblower protection agency,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City.

The whistleblower protections are stated in 49 U.S.C. §20109 of the Federal Railroad Safety Act (FRSA) :

“A railroad carrier engaged in interstate or foreign commerce, a contractor or a subcontractor of such a railroad carrier, or an officer or employee of such a railroad carrier, may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good faith act done, or perceived by the employer to have been done or about to be done.”

It’s good to see the whistleblower protections under the FRSA being used, and having a successful outcome. The pressure to not say anything in the railroad environment can be intense so it took a lot of courage for this employee to seek legal representation and blow the whistle on these two railroad companies. Hopefully, this ex-railroad worker’s example will be followed by other employees so when they get hurt on the job or notice safety problems within a railroad, they’ll report these issues without the fear of getting fired.

About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing hundreds of railroad workers in FELA/ railroad injury cases. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach, Virginia (VA) and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, SC, WV, KY and DC and have handled railroad injury and FELA cases throughout the eastern U.S.  We would like to send you one of our FREE reports about railroad injury and FELA cases, including Do’s and Don’ts When Injured at a Railroad – The Railroad Worker’s FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.