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My experience runs deep & my successes are numerous, yet the motivation is simple. In my years of practice the goal has always been to deliver the most effective results for each and every client. That core principle is backed by a true commitment to treating clients with the attention and respect they so rightfully deserve. Looking Back Over The Years Of Success At Petro Law Firm, The Most Pride Comes Not From The Track Record Of Success, But The Real Difference Made In The Lives Of My Clients. Impacting Lives Petro Law Firm remains truly grateful for the reputation developed among clients who’ve come to expect a few key differences from our team. Petro Law Firm FOR RAILROAD EMPLOYEES 1-800-472-5729 Integrity At Petro Law Firm, you can be assured we don’t make promises unless we’re fully confident in our ability to keep them. It’s not about saying what you want to hear. It’s about reliably delivering every time. CALL NOW Attention To us at Petro Law Firm, each client is an individual with a unique set of challenges and expectations. Addressing those takes real, meaningful attention. To us, you’re never just another number. Understanding We understand that hiring an attorney often comes under trying circumstances. With Petro Law Firm advocating on your behalf, expect a true understanding of any difficulty you might be facing. Experience My thirty years of experience has provided invaluable experience into the working conditions, rules, regulations and laws that apply to railroad workers. Francis Daniel Petro (Dan) Francis Daniel Petro (Dan) received a Bachelor of Arts degree from Southern Methodist University in 1981. He then went to work for Henslee, Monek & Henslee as a Law Clerk. The firm specialized in representing railroad employees for injuries sustained at work. At the same time, he was admitted to John Marshall Law School in Chicago. He graduated from John Marshall in 1985 and was admitted to practice law by the Supreme Court of the State of Illinois in 1986. He continued to work for Henslee until 1990. At that time, he and his father, Frank W. Petro, started the Petro Law Firm. The Petro Law Firm concentrated in representing injured railroad employees. The majority of clients were railroad employees working in the Midwest. Dan has settled and/or tried cases against Metra, BNSF, Union Pacific, Illinois Central (CN), Wisconsin Central (CN), Norfolk Southern, IHB, Belt, CSX, Amtrak, Soo Line (CP), DM&E, and others. Dan is admitted to practice law in the State of Illinois, The Seventh Circuit Court of Appeals, the U.S. District Courts for the Northern District of Illinois, Central District of Illinois, Southern District of Illinois, Northern District of Indiana, Western District of Michigan, Eastern District of Wisconsin, Western District of Wisconsin, Northern District of Ohio, and The District of North Dakota. Dan is honored to be a Designated Legal Counsel for The Brotherhood of Railroad Signalmen and SMART TD. Dan is a member of the Academy of Rail Labor Attorneys and the Illinois State Bar Association. Dan worked with and under Frank’s tutelage until Frank’s passing in 2012. He will continue to vigorously pursue and protect the rights of railroad employees.

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FELA

The Federal Employer’s Liability Act (FELA), 45 U.S. Code Section 51-60, is a law enacted by Congress for the protection of railroad employees injured while in the course and scope of their work. The text of the law is as follows:

“Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in the case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

Any employee of a carrier, any part of whose duties as such employee shall be in furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this chapter, be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this chapter.”

In summary, the railroad employer is liable in damages to any employee injured as a result of its negligence.

“Negligence means the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not, under similar circumstances.”

The railroad has a duty to provide a reasonably safe place to work and to provide reasonably safe and suitable tools and equipment to perform the work. If it does not, then it is negligent.

Additionally, railroad employers are negligent as a matter of law for Federal Safety Appliance violations.

Damages may include past and future: pain and suffering, disability, disfigurement, mental anguish, lost wages, and lost benefits. Punitive damages are not applicable.

The employee’s damages may be reduced by his contributory negligence. This may not apply, however, in cases involving safety appliance violations.

The FELA requires that an employee settle his work related injury claim or file a lawsuit against his employer for said claim within three years of the date he knew or should have known he sustained an injury. If the employee fails to do so, then he is barred from doing so under the law. Also known as the Statute of limitations. In some circumstances, an employee may have a claim against his employer and a third party. Please note that third party claims most likely have a different statute of limitations.

Generally, State Worker’s Compensation laws do not apply to railroad employees.

The FELA is over a 100 years old. There are thousands of court citations on the FELA. Ask your Dan how the law may apply to your case.