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10 RIGHTS OF RAILROAD WORKERS
By Michael Flynn, Esq.
Frequently, railroad workers contact me asking basic questions that I think every railroad worker should know. Unfortunately, there isn’t one place to look for the answers to these questions – until now. The following is a helpful list of 10 basic rights with citations to help you "Know Your Rights."
1) Right to Report an Accident/Injury
Don’t let anyone tell you not to report an accident or injury in order to protect safety records. Federal Regulations require the reporting of any employee injury that requires medical treatment or results in any lost time or restricted duty. 45 USC §38-43, 49 CFR §225.1-31
2) Right to Refuse to Work When Confronted by Hazardous Condition
The refusal must be made in good faith with no reasonable alternative. The condition must present imminent danger of death or serious injury with insufficient time to eliminate the danger through usual methods. 45 USC §§441(b) and (c).
3) Right to See Your Own Doctors for Medical Care
The company doctors are protecting the company’s best interest. Anything you say to them, can and will be used against you by the company in a disciplinary or civil trial. You should trust only the doctors you have selected.
4) Right to an Attorney
You should consult with an attorney as soon after an injury as possible. The railroad has attorneys and trained claim agents who are paid to protect the company’s interest. Evidence and statements need to be preserved to protect your claim.
5) Right to Volunteer Information
You have the right to speak to and give statements to a co-worker and his lawyer, who are investigating an on-the-job injury. It is a federal crime to interfere with this right. 45 USC §60
6) Right to Sue the Railroad for Money Damages
You are not covered by Workers’ Compensation. Congress gave railroad workers the right to sue their employer if they are injured, in whole or in part, by reason of the negligence of the railroad, its agents or fellow employees. 45 USC §51
7) Right to Have FRA Regulations Enforced
A railroad may not discharge or, in any manner, discriminate against an employee who has filed a Complaint or testifies to any violation of a Federal Railroad Safety Law. Secretary of Transportation may not disclose the name of any whistle-blowing employee. 45 USC §§441(a)(c) and (f)
8) Right to Have OSHA Regulations Enforced
The OSHA Regulations cover railroad workers when another Federal Agency like FRA have not exercised authority over the particular work condition like personal protective equipment, hazardous materials, hearing loss, welding and lead exposures.
29 CFR §1910
9) Right to Fall Protection While Working on Railroad Bridges
Railroad workers are entitled to personal fall arrest systems or safety net systems if they are working on a bridge over water or at least 12 feet above ground, under most conditions. 49 CFR §214
10) Right to Protection From Moving Trains
The Roadway Workers Safety Act provides special procedures and protections for roadway workers who work alone and with groups to prevent personal injuries or death from moving trains.
If you have any questions or would like a copy of these basic rights, please feel free to follow up by contacting me at my office using my toll free number: (866) 877-FELA
or e-mail us at FELAattorney@aol.com.
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