Who to call if you are injured or retaliated against for reporting a safety violation on the railroad

If you are new on the job or are fortunate enough to have never been injured, you may not know about a key protection the union provides; a pool of pre-vetted lawyers who can help if you get into trouble. 

Introducing the Designated Legal Counsel (DLC) 

A SMART-TD Designated Legal Counsel (DLC) is a kind of lawyer who specializes in issues that affect railroad workers. Your employer may not have your best interest at heart if you are injured or want to report a safety problem. It is extremely important to get expert legal advice in these situations.  

Sara Youngdahl, the coordinator for SMART-TD’s DLC explains: 

In the video, Youngdahl explains that the railroad isn’t like other employers. As a rail worker you are protected by a unique set of laws that only apply to our industry — the railroads are older than other industries, so some of the laws that protect us are older than the ones that protect other occupations. As a result, when push comes to shove, not every lawyer out there will know how to defend you.  

There are very specific laws that protect railroaders when they’re injured or retaliated against. 

Law 1: Federal Employers’ Liability Act (FELA) 

Railroad workers injured on the job are not covered by state workers’ compensation laws. The Federal Employers’ Liability Act (FELA) is your only way to get compensation for your injuries. Unlike worker’s compensation laws, the FELA requires you to prove the railroad was negligent in causing your injuries. This is why getting a DLC involved early is important, as only they can make sure you have enough admissible evidence to win your case. 

Law 2: Whistleblower Protection 

The second statute is a whistleblower law that protects railroad workers if they are retaliated against on the job. 

This is a newer law that protects workers who report safety concerns or personal injuries. If you are fired for reporting a dangerous condition or a safety infraction, the whistleblower statute protects you. A DLC can hold your employer accountable for breaking this law. 

Every DLC on SMART-TD’s list is committed to protecting you as a union member, protecting the security of your family, and helping to keep your workplace as safe as possible. They are here to help you.