Doyle Dennis Avery LLP Files Federal Railroad Safety Act Retaliation Lawsuit On Behalf of Railroad Worker

Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. recently filed a Federal Railroad Safety Act (FRSA) retaliation lawsuit in the United States District Court Middle District of Louisiana on behalf of a railroad worker. The lawsuit was filed against the client’s employer, Union Pacific Railroad Company. The lawsuit arises under the Federal Employers’ Liability Act (“FELA”) (45 U.S.C. § 51 et seq.) and under the whistleblower protection provisions of the Federal Railroad Safety Act, 49 U.S.C. § 20109. Specifically, the suit alleges retaliatory and malicious conduct in violation of the Federal Railroad Safety Act against the client due to reports of the dangerousness of a specific area and injuries incurred as a result of fulfilling their railroad duties.

In more detail, Doyle Dennis Avery LLP and The Youngdahl Law Firm, P.C. represent a diligent and hardworking railroad conductor who suffered both serious personal harm and retaliatory actions while employed by Union Pacific. While working for Union Pacific, Doyle Dennis Avery LLP’s client and another conductor heard gunshots fired just thirty yards away from their location. Photographs of the railroad’s “derail” sign confirmed that at least one bullet had been exchanged in the area. After reporting the incident to the Yardmaster on the same day, the client also made a report on Union Pacific’s “safety hotline” to ensure that the issue was addressed promptly. As a result of the traumatic events, the client began to suffer from severe anxiety and other mental health issues, which were brought to the attention of Union Pacific.

Despite reporting the hazardous working conditions of the area to the Yardmaster on numerous occasions, Union Pacific took no action to address these concerns. Although the Yardmaster had assured the client that his complaints would be shared with other Union Pacific personnel, Doyle Dennis Avery LLP’s client was not provided with a safe working environment. Doyle Dennis Avery LLP’s client was ultimately diagnosed with PTSD and other mental health conditions because of his traumatic on-the-job experience.

Following Doyle Dennis Avery LLP’s client’s protected activity, Doyle Dennis Avery LLP’s client received a termination letter. Doyle Dennis Avery LLP’s client engaged in protected activity under the Federal Railroad Safety Act by reporting hazardous conditions, refusing to work under dangerous conditions, and notifying his employer of his work-related psychological injuries.

Following Union Pacific’s violations of the Federal Railroad Safety Act, Doyle Dennis Avery LLP filed a complaint on behalf of its client with the Occupational Safety and Health Administration (OSHA) against Union Pacific for Union Pacific’s violations of the Federal Railroad Safety Act. Thus, Doyle Dennis Avery LLP’s client exhausted his administrative remedies as required by the Federal Railroad Safety Act. Doyle Dennis Avery LLP’s client subsequently filed the lawsuit in the United States District Court Middle District of Louisiana. In the lawsuit, the client further alleges that Union Pacific Railroad Company failed to provide a safe working environment as required by FELA. Union Pacific violated both the FRSA and FELA.

The FRSA aims to promote safety in railroad operations and reduce accidents by safeguarding employees from retaliation for engaging in protected activities, such as reporting hazardous safety or security conditions, work-related injuries, or alleged violations of federal law relating to railroad safety or security. The recent experience of Doyle Dennis Avery LLP’s client highlights the crucial importance of prioritizing employee safety and addressing concerns promptly. It is unacceptable for railroad workers to work in an unsafe environment despite notifying their employer of hazardous conditions.

If you are a railroad worker who has suffered an injury or retaliation due to your employer or another negligent party, contact Doyle Dennis Avery LLP and The Youngdahl Law firm, P.C. today for a free case evaluation.