A simple ankle sprain has cost Amtrak about $160,000 after it was determined that the railroad wrongfully disciplined a worker simply for reporting an on-duty injury. To learn more, check out this article.

By Rick Shapiro, Railroad Accident/FELA Lawyer

OSHA’s Whistleblower Office determined New Jersey Transit violated the Federal Railroad Safety Act (FRSA) after the rail company wrongfully disciplined a worker in retaliation for reporting a work-related illness. As a result, the injured worker will receive $570,000 in compensatory damages, punitive damages and damages for hurting the worker’s credit rating. This is one of the largest awards under the FRSA, though New Jersey Transit may decide to appeal. Our firm wrote about an $80,000 award to a railroad whistleblower a few weeks ago.

The situation involving New Jersey Transit began in February of 2008 when the railroad company punished their employee for missing work due to a work-related illness after witnessing a fatal accident that involved another railroad employee. NJ Transit continued to retaliate against the employee by cutting his pay, then suspending him. These acts harmed the worker financially and personally.

Fortunately, the employee decided to hire an attorney and file a whistleblower complaint with OSHA alleging NJ Transit had retaliated against him for reporting his work-related illness. OSHA’s Whistleblower Protection Program conducted an investigation under the whistleblower provisions of the FRSA, found the complaint had merit and ordered the rail company to compensate the wrongfully-punished employee, according to the Department of Labor.

FELA Lawyer Charlie Goetsch, who represented the worker, summed up OSHA’s decision nicely:

“This case strips bare the retaliatory mentality of rail managers…This Award confirms that the FRSA hands to every rail worker the sword and shield necessary to wage that crusade. And the message of this Award to railroads is loud and clear: your world has changed, and managers ignore the FRSA at their peril. ”

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.   PA

By Rick Shapiro, Railroad Accident/FELA Attorney

When a railroad employee is injured due to the negligence of an employing railroad, a full spectrum of damages for on-the-job injuries may be recovered as determined by a judge or jury, depending upon evidence presented, including: past and future medical expenses, past and future lost wages or lost income, lost of wage earning capacity, pain, suffering, loss of career, scarring and loss of limb, permanent impairment and disability.

Wrongful death claims brought under the FELA have a special set of damages which may be recovered by a surviving personal representative. The act sets forth the classes and types of beneficiaries who are entitled to recover for the wrongful death of the railroad worker, and the specific elements of damages recoverable are based on the class of beneficiary and you should consult an experienced FELA attorney for specific details. Under all scenarios, the grief and loss of consortium of survivors is not recoverable under FELA wrongful death claims.

Here’s  a video of my colleague, John Cooper, discussing FELA law…

[youtube=http://www.youtube.com/v/RIR4CPK1pEQ&rel=0]

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.