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Railroad Worker Protections from Whistleblower Retaliation

Railroad workers are often the first to discover potentially dangerous conditions that could lead to a New Jersey or New York railroad injury. However, railroad workers are in a difficult position. Do they report what they have seen in an effort to keep themselves, coworkers, and passengers safe, thereby placing their jobs at risk? Or, do they safeguard their jobs by staying quiet, possibly putting themselves and others at risk of physical injury?

Protection for Railroad Workers

In 2008, the Federal Rail Safety Act was amended, making it illegal for a railroad employer to retaliate against a worker for engaging in a protective activity. Our New Jersey and New York railroad attorneys understand that railroad workers who report potentially dangerous circumstances need to be protected against these potentially adverse activities:
  • Being fired
  • Being blacklisted and unable to work in the industry
  • Denied overtime, benefits, or promotion
  • Subjected to a pay or hours reduction
  • Intimidated or threatened
  • Disciplined for requesting or following medical advice

The Federal Rail Safety Act protects railroad workers from these consequences so that workers are encouraged to report dangers and seek the medical attention that they need after an accident.

Recovering Damages for Whistleblowing Activities

If the railroad has taken adverse actions against you, you may be entitled to compensation. If you were hurt and the railroad refused to allow you to seek medical treatment or follow reasonable medical advice, you may also be entitled to compensation.

Contact a New Jersey or New York accident attorney today for more information about your rights. The New York City railroad lawyers of Hofmann & Schweitzer can be reached at 1-800-362-9329 or via our online contact form. Call us today and let us provide you with a free consultation about your potential case.

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