By Randy Appleton, Railroad Whistleblower Lawyer in Virginia

In his latest blog post to our Virginia personal injury attorney’s website, my colleague Rick Shapiro reports on a landmark whistleblower case in the railroad injury. For firing a worker specifically for filing a Federal Railroad Safety Act complaint with the Occupational Safety and Health Administration, CSX must pay punitive damages for inflicting emotional distress. To read more, click over to “Record Emotional Distress Punitive Damages Award for Wrongfully Terminated CSX Dispatcher.”

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.

By Randy Appleton, Railroad Injury Lawyer in Virginia

Charles Goetsch, the railroad employment and injury lawyer who helped a wrongfully terminated Metro-North trackman win $1 million in punitive damages against his employer after being fired for reporting an on-the-job injury recently answered questions about the landmark FRSA case. The most important outcome from the March 2012 jury verdict in Connecticut, according to Goetsch, is that allowing railroads to sweep safety issues under the rug by getting rid of workers hurt on the job “needlessly exposes everyone in the community to an increased risk of injury.” To read more of what Goetsch told my Virginia personal injury attorney colleague Rick Shapiro, click over to “$1M Award to Wrongfully Fired Rail Employee a Message to Railroads to Take Safety Seriously.”

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.

By Randy Appleton, Injured Rail Worker’s Lawyer

In his latest blog post to our Virginia (VA) personal injury attorneys’ website, my colleague Rick Shapiro reports on a major whistleblower lawsuit victory for a Metro-North commuter railroad worker who was fired after he reported an on-the-job injury. A jury in Connecticut (CT) awarded the trackman $1 million in damages, determining that the rail corporation had violated the man’s employment rights under the Federal Railroad Safety Act of 2007, or FRSA. To read more, click over to “Jury Awards $1M to Wrongfully Terminated Rail Employee.”

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About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly donate to the Fallen Brother Fund.

By Rick Shapiro, Injured Rail Employee Attorney

For the fourth time since 2009, Western states freight railroad giant Union Pacific has been sanctioned by federal authorities for illegally firing an injured rail employee after the worker reported an on-the-job injury. The Occupational Safety and Health Administration issued its latest whistleblower ruling against UP on December 20, 2011, writing in a press release that the rail corporation must immediately rehire the Idaho (ID)-based worker and pay the man $300,000 in compensation, back wages and punitive damages.

Assistant Secretary of Labor for OSHA Dr. David Michaels said that for all railroads, “this case sends a clear message that OSHA will not tolerate retaliation against workers for reporting a work-related injury. … The safety of all workers is endangered when employers intimidate injured workers so that they do not report injuries.”

How soon the rail worker can return to his job and collect his whistleblower judgment remains unclear. Union Pacific pledged to appeal OSHA’s decision, claiming that separate investigations into how and why it fired the injured employee less than a month after he reported his injury found no wrongdoing by the company.

As a Virginia (VA) railroad accident and FELA attorney who has helped dozens of railroaders receive compensation for injuries they suffered while working, I have no problem with UP exercising its right to appeal. I also strongly suspect that the rail corporation will lose. Courts and regulators have long — and invaluable to rail employees — histories of upholding strict liability provision of laws such as the Federal Employers’ Liability Act and whistleblower protections under the Federal Railroad Safety Act.

To summarize how federal labor laws work to protect railroad employees for Amtrak, BNSF, CSX, Norfolk Southern and every other rail corporation as simply as possible: Rail companies must provide safe workplaces, properly working equipment and adequate training. When preventable accidents occur and on-the-job injuries result, railroads cannot deny injured workers’ their rights to report the incidents, receive fair compensation or keep their jobs after drawing attention to unsafe conditions.

EJL

About the Editors: The Virginia- and Carolina-based attorneys at Shapiro, Lewis & Appleton have long histories of representing railroad workers in FELA and other railroad injury cases and of helping victims of rail crossing accidents. Lawyers at our firm have served as chairmen of the railroad section of the American Association for Justice, the largest national victim’s injury attorney organization, and one of our attorneys wrote a major legal encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Be sure to get your free reports about railroad injury, disease and wrongful death FELA cases: The Do’s and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). Also, our railroad injury lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By Randy Appleton, Railroad Worker Accident Attorney in Virginia

In his latest post our Virginia Beach Injuryboard blog, my fellow FELA and railroad accident attorney John Cooper writes about a federal labor case involving a Burlington Northern Santa Fe Railway employee who was suspended after reporting an on-the-job accident. The federal Occupational Safety and Health Administration ordered BNSF to pay the woman $300,000. John notes that OSHA has recently found for several rail workers in similar workplace retaliation cases. To read more, click over to “BNSF Railroad Employee Unfairly Suspended for Reporting an Injury Awarded $300K by OSHA.”

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About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm whose attorneys have long histories of representing railroad workers in FELA and other railroad injury cases.  Attorneys will our firm have served as chairmen of the Railroad section of the American Association for Justice. One of our attorneys wrote a major attorney’s encyclopedia section on railroad safety litigation. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach and Hampton, Virginia (VA), and Elizabeth City, North Carolina (NC). Our lawyers also hold licenses to practice in South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC, and have handled hundreds of railroad injury and FELA cases throughout the eastern United States. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (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. Further, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.

By John Cooper, Railroad Injury Attorney

My colleague, Richard Shapiro, recently wrote about how Norfolk Southern (NS) public relations folks claim sincerity and concern when it comes to employee safety. That doesn’t seem to be the case, however.  Find out more about how molten sulfur being carried in a NS rail car in Roanoke, Virginia (VA), badly injured three workers.

Check out these other articles on FELA and railroad injury cases:

• FELA Statute of Limitations
• Impact of Safety Appliance Act Regulations on Railroad Worker Injury Cases

About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing railroad workers in FELA and other 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 hundreds of railroad injury and FELA cases throughout the eastern United States. We would like to send you one of our FREE reports about railroad injury and FELA cases, including Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (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.

By Richard N. Shapiro, Railroad Injury and FELA Attorney

Passage of the Rail Safety Improvement Act in 2008 marked a milestone in federal railroad legislation, and not just because it was the first piece of meaningful rail employee protection legislation to make it out of Congress in a quarter century. The RSIA also marked a shift in safety efforts by focusing on factors that contribute to injuries and death such as employee fatigue and by calling on regulators and rail operators to identify and implement plans to make working on trains and tracks or in rail yards safer.

The Federal Railroad Administration is currently seeking feedback on how to write regulations for those required rail employee risk reduction programs. Making an obvious, but welcome, suggestion, unions and groups representing conductors, engineers, carmen, signalmen, dispatchers and others have advised FRA to ask the people who everyday face risk for getting injured or killed by locomotives, rail cars or train equipment how to improve safety.

In an official letter to the agency, the groups noted that workers have essential information to share regarding managing fatigue, dealing with security risks and integrating new technologies into their jobs and procedures. Equally important, the organizations wrote, was compiling and sharing information about reportable on-the-job injuries, whistleblower cases and instances of apparent retaliation, and the safety records of regional and shortline railroads.

I concur wholeheartedly with those recommendations. My colleagues and I have spent decades representing victims of rail accidents. We often hear from plaintiffs how incidents could have been prevented if the railroads had taken certain steps to remove or resolve dangers. We rarely learn that the employers took the time to learn from their workers what risk reduction efforts were needed.

FRA should make every effort to ensure that rail employees have a voice at the table when railroads put together plans to improve safety.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing railroad workers in FELA and other 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 hundreds of railroad injury and FELA cases throughout the eastern United States. We would like to send you one of our FREE reports about railroad injury and FELA cases, including Dos and Don’ts When Injured at a Railroad — Yours FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We provide free initial confidential injury case consultations, so call us toll free at (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.

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.

The Federal Railroad Safety Act includes protection for railroad whistleblowers. These are rail workers who do their duty to voluntarily notify their employer of a safety problem or hazard at the workplace. The law’s protection allows a rail employee to file a claim if they feel there was a retaliation or discrimination against them by their employer (i.e. rail companies like Norfolk Southern, CSX and Amtrak). This is vital since many workers who try to do the right thing to make sure the workplace is safe worry that their employer may try to demote or suspend them for no legitimate reason.

But what does this whistleblower protection actually protect against and what is the process to ensure a railroad worker has their voice heard? To get the answers to these questions, check out this article written by railroad accident attorney John Cooper:

Understanding Your Whistleblower Protection

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.