You cannot be fired
Some railroad workers hesitate to consult a lawyer about their claim. They have been led to
believe the company can remove them from service or discriminate against them in other ways
because they have exercised their right to consult and engage a lawyer to press their claims. This
The fact is that the U.S. Federal Employers' Liability Act forbids the carriers to engage in such practices. The Act is very clear and strong on this point. The Act spells out the legal right of the injured railroad worker to get the advice of a lawyer.
The Act provides specifically that:
"Whoever, by threat, intimidation, order, rule, contract, regulation or device whatsoever, shall attempt to prevent any person from furnishing... such information to a person in interest, or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing such information to a person in interest, shall, upon conviction thereof, be punished, by a fine of not more than $1,000 or imprisonment, for not more than one year, or by both such fine and imprisonment, for each offense." ("Person in interest" in the law above quoted refers to your lawyer.) Additionally, a new law, the Federal Rail Safety Act, enacted in 2010 provides added protection to ensure employees cannot be fired for being injured or reporting an on-the-job injury.
Advice and counsel of a lawyer are the railroad worker's best guarantee that his claim will be properly evaluated, properly handled and presented. As a result the largest payment or settlement will be obtained.
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Heartland Lodge 6760, Fort Wayne, Indiana, USA, August 16, 1996
Revised August 29, 2012