For Railroad Employees

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The Federal Rail Safety Act, 49 U.S. Code Section 20109 (FRSA) is an additional Federal Law enacted to protect railroad employees. The law states, in pertinent part:

“A railroad carrier engaged in interstate or foreign commerce, a contractor, or a subcontractor of such railroad or carrier, or an officer or employee of such carrier, may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good faith act done, or perceived by the employer to have been done or about to be done.“



  1. To provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal Law, rule or regulation relating to railroad safety or security…
  2. To refuse to violate or assist in the violation of any Federal law, rule or regulation relating to railroad safety or security;
  3. To file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part…;
  4. To notify or attempt to notify the railroad or the secretary of transportation of a work related personal injury or work related illness of an employee;
  5. To cooperate with a safety or security investigation by the Secretary of Transportation…;
  6. To furnish information to the Secretary of Transportation…;
  7. To accurately report hours of service…;
  8. Reporting, in good faith, a hazardous safety or security condition;
  9. Refusing to work when confronted by a hazardous safety or security condition related to the performance of the employee’s duties;
  10. Refusing to authorize the use of any safety related equipment, track, or structure when the employee believes that the equipment, track, or structure are in a hazardous safety or security conditions;




Further, a railroad carrier may not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee who is injured during the course of employment, the railroad shall promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care.

A violation of FRSA may entitle the employee to reinstatement, removal of discipline, compensatory damages, and punitive damages (up to $ 250,000.00).

An FRSA claim is filed with OSHA. The claim must be filed with OSHA within 180 days of the discriminatory conduct by the railroad. Failure to do so bars the employee from proceeding on his FRSA claim.

FRSA











petrofelalaw.com

petrofelalaw.com

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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