Attention Railroad Workers: How to File a Complaint and Recovering Damages for Retaliation

Railroad employers do not always do the right thing.  Sometimes they retaliate against well-meaning workers who report potentially dangerous conditions using the proper procedures or workers who seek to follow reasonable medical treatment.

If this has happened to you, the Federal Rail Safety Act provides you with a way to file a complaint.  A New York accident attorney can help you file a complaint and pursue justice if you have suffered financial or medical damages as a result of the railroad’s actions.

Complaint Procedures

Complaints must be filed within 180 days of the alleged retaliation. The complaint should be filed with the OSHA office that has jurisdiction over the area where the worker lives or works.  Once a complaint is filed, OSHA will conduct an investigation.  If the evidence supports your claim of retaliation, OSHA will then try to encourage a settlement.  If a settlement cannot be reached, OSHA may order that the railroad provide you with relief.  Relief may include reinstatement, back pay, and punitive damages up to $250,000.

For more information about how to pursue a railroad whistleblower complaint or obtain relief after retaliation, please contact a New Jersey or New York railroad attorney at Hofmann & Schweitzer.  We can be reached at 1-800-362-9329 or via our online contact form.