New Jersey Transit Rail Worker Wins Largest-Ever Damages Awarded by OSHA under Federal Rail Safety Act

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Cahill Goetsch & Perry, leading railroad injury law firm, secures $570,000 award from OSHA's Whistleblower Office for client who suffered from NJ Transit's violation of FRSA

My hope is that this award will wake rail managers up and put a stop to the culture of retaliation against workers who report safety concerns or injuries.

The largest award ever granted under the Federal Rail Safety Act (FRSA) has just been handed down to a New Jersey Transit Rail worker who was retaliated against by NJ Transit (Case # 2-2140-08-013).

The Occupational Safety and Health Administration's (OSHA) Whistleblower Office found NJ Transit violated the FRSA by disciplining Anthony Araujo in retaliation for his reporting an injury suffered in a 2008 accident that occurred in Newark, N.J. OSHA has ordered the payment of $570,000 in damages to make him whole.

"This award is historic not only because of its size, but because of the diversity of its 'make whole' damages, including punitive damages and compensatory damages for ruining Mr. Araujo's credit," said Charles Goetsch, Araujo's attorney and a partner at Cahill Goetsch & Perry, P.C. "This award confirms that the FRSA hands to every rail worker the sword and shield necessary to wage a crusade to transform the retaliatory culture of rail management. In the past, railroads were free to discipline employees without having to worry about paying economic damages beyond limited back pay. Those days are now over. This award makes clear railroads will pay full damages for all of the economic losses their retaliatory discipline inflicts on workers, including the value of homes and cars lost as a result of employees being forced out of work. The message of OSHA's ruling to railroads is loud and clear: your world has changed and your managers ignore the FRSA at your own peril."

Cahill Goetsch & Perry has been an advocate for railroad workers and their families for more than 30 years, offering high-quality personalized legal assistance for injury victims.

"I am very grateful for an award that tries to make me whole for all the losses I have suffered due to NJ Transit's retaliatory actions," said Araujo, a New Jersey Transit Rail conductor. "My hope is that this award will wake rail managers up and put a stop to the culture of retaliation against workers who report safety concerns or injuries."

Cahill Goetsch & Perry, P.C. has represented many important railroad injury cases and has received millions of dollars of awards for their clients. The firm's attorneys are skilled and experienced in all aspects of railroad injury law and have obtained precedent-setting awards for clients throughout the Northeastern United States. For more information, please go to http://www.trainlaw.com or call toll-free 800.654.7245 (RAIL).

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Charles Goetsch
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