In the first Federal Rail Safety Act (FRSA) case to go to a jury trial, the jury awarded $50,000 in compensatory damages, and one million dollars in punitive damages. Andy Barati was working for the Metro North commuter rail on Grand Central Terminal, New York City, in 2008 when a jack failed and a railroad tie injured his foot. Management’s response: blame the victim and fire him. Soon, management realized that firing a railroad work for reporting an injury became illegal as part of the 2008 enactment of the FRSA. Management converted the discharge to a suspension. Still, the Occupational Safety and Health Administration (OSHA) found that management violated the FRSA. OSHA also cited Metro North for poor training and lighting. The Wall Street Journal reports that Barati received $5,254 in back pay. Barati’s lawyer, Charlie Goetsch, pressed on to get Barati his full remedies under the FRSA. He asked the jury in the Connecticut federal court to send a message that it is unacceptable to discourage workers from reporting injuries, and did they ever. Goetsch is the author of the TrainLawBlog, and was a guest on Honesty Without Fear, the Whistleblower’s Radio Hour. Congratulations to Charlie Goetsch and Andy Barati.
