After a worker reported a work-related-injury, two railroad companies allegedly retaliated against the employee by firing him according to OSHA (Occupational Safety and Health Administration). OSHA claims two Illinois-based railroads must pay a former railroad employee more than $80,000 in back wages, compensatory damages, and attorney's fees.
The agency investigated the employee's allegation saying he was fired as a retaliatory move because he reported his work-related injury. OSHA claims its investigation discovered officials from both railroads ordered an investigation into the cause of the employee's injury. Their findings resulted in their decision to terminate his employment. OSHA said the employee complied with the railroads' rules governing the reporting of work-related injuries and wasn't at fault for his injury.
"An employer does not have the right to retaliate against its employees who report work-related injuries," said Charles Adkins, OSHA's regional administrator in Kansas City. "While OSHA is best known for ensuring the safety and health of employees, it is also a federal government whistleblower protection agency."
OSHA enforces the whistleblower provisions of 17 laws protecting employees who report violations of various securities laws; trucking, airline, nuclear power, pipeline, environmental, rail, workplace safety and health regulations and consumer product safety laws. (workersxzcompxzkit)
The railroads can appeal the decision.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.