The Fatal Consequences of Railroad Retaliation
Railroad workers put in long hours in an inherently dangerous profession. Sadly, injuries on the job are a real risk. If you’re a railroad worker who has suffered an on-the-job injury, the Federal Employers Liability Act (FELA) protects your right to seek compensation. Unfortunately, some railroad companies engage in illegal retaliatory behavior instead of supporting injured employees. This retaliation can have dire consequences, even leading to fatal accidents.
What is Railroad Retaliation?
Retaliation in the context of railroad work occurs when an employer takes adverse action against an employee who has reported an injury, filed a FELA claim, reported a safety violation, or cooperated in an investigation. Retaliation can take many forms, including:
- Termination of employment
- Demotion
- Harassment or intimidation
- Denial of benefits
- Changes to job duties
The Dangers of Retaliation
Consider the case of a railroad conductor who suffered a back injury on the job. After filing a FELA claim, he was subjected to constant harassment and given increasingly dangerous assignments by his supervisors. Desperate and stressed, he made a critical error that resulted in a train derailment, causing multiple fatalities. Retaliation doesn’t just hurt the individual worker – it creates a dangerous environment for everyone. Here’s why:
Underreporting of Injuries
When railroad workers fear retaliation for reporting an injury, they might choose to work through the pain or try to downplay their injuries. This prevents the railroad from identifying potential safety hazards, such as a malfunctioning piece of equipment or a dangerous workplace practice. By keeping these dangers hidden, the risk of similar or even more severe accidents increases for everyone working on the railroad.
Compromised Safety
Railroad companies that engage in retaliation might pressure injured workers to return to their duties before they’ve fully healed. This places the worker at increased risk of re-injury or exacerbating their existing injuries; it also compromises the safety of everyone else. An injured worker still recovering might have slower reaction times, reduced physical capabilities, or be more prone to mistakes, potentially leading to serious accidents.
Mental Health Toll
The stress and anxiety caused by retaliation take a heavy toll on workers. Being harassed, demoted, or threatened with job loss can trigger severe depression and anxiety. This mental health impact directly impairs a worker’s ability to concentrate, make clear decisions, and safely execute their job duties – vital skills in the railroad environment.
Severe Financial Hardship
Retaliation often translates to lost wages, demotions, or even termination of employment, plunging injured workers into financial crisis. At the same time, they are likely facing mounting medical bills from their injuries. This financial burden not only adds tremendous stress during an already difficult time, but also hinders their ability to access the necessary care and resources needed for a full recovery.
Long-term Disability
Retaliatory actions can worsen injuries, complicate the healing process, and even lead to permanent disabilities. A rushed return to work or being assigned physically demanding tasks beyond the worker’s current capabilities can have long-lasting negative consequences. This type of disability not only limits earning potential, but fundamentally changes the quality of life for the injured worker, causing a lifetime of physical, financial, and emotional hardships.
Damaged Reputation
To avoid taking responsibility for an injury, railroad companies may resort to discrediting the injured worker. They might spread rumors, falsely blame the worker for the accident, and generally damage the worker’s reputation within the industry. This makes it extremely difficult, if not impossible, to find a new job in the railroad industry, which can be devastating to a worker’s career and long-term financial well-being.
What You Should Do
FELA explicitly prohibits railroad companies from retaliating against employees who exercise their rights. If you experience retaliation after an on-the-job injury, you have several options:
Step 1: Document Everything
If you believe you’re experiencing retaliation, start meticulously documenting every incident. Keep detailed records including dates, times, and specific details of any harassment, demotions, changes to your job duties, or other negative consequences you believe are linked to reporting an injury or filing a FELA claim. The more precise and thorough your documentation, the stronger your case will be if you pursue legal action.
Step 2: File a Complaint
You have the right to file a formal complaint about retaliation with the appropriate agencies. This includes:
- Occupational Safety and Health Administration (OSHA
- Federal Railroad Administration (FRA)
Step 3: Seek Legal Counsel
Consulting a seasoned railroad injury attorney is crucial when facing retaliation. They possess the knowledge and experience to:
- Clearly explain your rights under FELA ensuring you understand all your legal options.
- Assist you in gathering compelling evidence to support your claim of retaliation.
- File a lawsuit on your behalf to pursue compensation for damages and hold your employer accountable for their unlawful actions.
Choosing the Right Representation
If you’ve been the victim of railroad retaliation, don’t navigate this situation alone. Seek the best FELA attorneys with a proven track record in handling FELA cases and a deep understanding of railroad operations. At Cahill & Perry, P.C., our team of Connecticut railroad injury lawyers has the knowledge and resources to fight for your rights.
Don’t let railroad companies bully you into silence. If you’ve been injured on the job and experienced retaliation, contact Cahill & Perry, P.C. Attorneys at Law for a consultation. We’ll help you hold your employer accountable, ensuring you receive the compensation you deserve and make the railroads a safer place for everyone.
