It’s a common scenario: employee reports injury; railroad conducts investigation of the injury; railroad declares the employee’s statements about the injury somehow to be “inconsistent” or “misleading” or “false” and fires him for dishonesty. Two recent decisions explain why that is a violation of the Federal Rail Safety Act.

In Henderson v. Wheeling &

It’s official: injured railroad workers who seek medical attention now have a triple layer of protection against retaliatory discrimination. A U.S. District Court has joined OSHA and the Administrative Review Board in ruling that a railroad’s denial, delay, or interference with the medical treatment of an injured employee is a form of “discrimination” prohibited by

In a decision that will send shock waves reverberating throughout the railroad industry, railroad medical departments now are prohibited from doing anything that directly or indirectly interferes with the treatment prescribed by an injured worker’s treating doctor for the entire period of medical treatment, not just immediately after an injury. Once again, thanks to

Norfolk Southern Railway is learning the hard way that retaliation doesn’t pay. Despite earlier warnings, it has continued its abusive course of conduct toward employees who report injuries. And so today OSHA issued a Press Release confirming record breaking punitive damage awards in three Federal Rail Safety Act cases: $200,000 + $175,000 + $150,000

The case of my client Chris Bala established that the FRSA protects ALL railroad workers (not just employees with an on-the-job injury) from attendance discipline when they follow the orders of a treating doctor not to work  Why? Because safety trumps discipline. No one wants medically impaired railroad employees reporting to work against their doctor’s