Federal Rail Safety Act (FRSA)
Railroad employees gain major new legal rights and protections!
A powerful new law protects railroad workers from retaliation when they engage in certain "protected activity." Entitled the Federal Rail Safety Act, or FRSA, 49 U.S.C. Section 20109, the law prohibits railroads from disciplining, discharging, or in any way retaliating against employees who engage in "protected activity." It also prohibits railroads from delaying or interfering with an injured employee's medical treatment.
Protected activity
All railroad employees (and employees of railroad contractors or subcontractors) engage in "protected activity" when they:
- report their own work injury or occupational illness
- report a co-workers work injury or occupational illness
- furnish information relating to any railroad injury or accident
- report any violation of any federal law, rule, or regulation relating to railroad safety or security
- report any gross fraud, waste, or abuse of public funds intended to be used for transportation safety or security
- refuse to violate or assist in violating any federal law, rule, or regulation relating to railroad safety or security
- refuse to work under hazardous safety or security conditions
- refuse to authorize the use of unsafe railroad equipment, track, or structures
All railroad employees now receive protection when they report on-the-job injuries or safety violations to:
- a railroad foreman, supervisor, manager, or safety department
- the Federal Railroad Administration (FRA)
- OSHA or state agencies such as NY Public Employee Safety and Health (PESH)
- an Inspector General
- any local, state, or federal law enforcement agency
No interference with medical treatment
A railroad may not deny, delay, or interfere with the medical treatment of an employee injured during the course of employment. In particular, a railroad may not discipline or threaten to discipline an employee for following the orders or treatment plan of a treating physician. This means that if your treating doctor gives you a written note stating no traveling or no light duty, your railroad cannot then order you to travel to its medical department or come in for light duty work.
Remedies against the railroad
If a railroad fires, lays off, demotes, disciplines, reprimands, intimidates, denies promotion or benefits, or in any other way retaliates against any employee who engages in the above listed "protected activity," or if a railroad interferes with an employee's medical treatment, that employee now can sue the railroad in federal court for a jury award of:
- reinstatement with all seniority and benefits restored
- back pay with interest
- special damages and fees, and
- punitive damages of up to $250,000
Do not lose your legal rights through delay
Under the law, you have a very short window of days to begin the process to protect your rights. If you have reported an injury or a safety violation, or if the railroad interferes with your medical treatment, contact us immediately so we can advise you how best to preserve and enforce all your rights under this important federal law.
If you are disciplined after reporting an on-the-job injury
If the railroad starts to discipline you after your report your injury, you have a very short window of days to begin the process to protect your rights under this law. You should immediately contact experienced FRSA attorneys capable of handling the complaint all the way through to a federal court jury trial. Call us at 1-800-654-7245 (RAIL) or click here to contact us so we can take the necessary steps to protect and enforce your right to seek punitive damages of up to $250,000 against the railroad.
If the railroad declares your injury "non-occupational" or interferes with your medical treatment
Under the FRSA, you have a right to follow your attending physician’s treatment plan without being threatened with discipline. If your railroad tries to force you to violate your doctor's treatment plan by forcing you to travel to its medical facility or to come in for light duty, call us immediately at 1-800-654-7245 (RAIL) or click here to contact us so we can take the necessary steps to protect and enforce your right to seek punitive damages of up to $250,000 against the railroad.
After you report an injury, most railroads will try to force you to go to their medical department or facility. If the railroad medical department then declares your on-the-job injury to be "non-occupational," the railroad will not pay for any of your medical expenses. You then may be forced to process your medical bills through your regular insurance, paying out of pocket for co-pays and deductibles (and perhaps even losing the right to be treated by the doctor of your choice). Such conduct can interfere with, delay, and deny your medical treatment.
Accordingly, when a railroad medical department arbitrarily declares your on-the-job injury to be "non-occupational," that may be a violation of the FRSA. Call us immediately at 1-800-654-7245 (RAIL) or click here to contact us so we can take the necessary steps to protect and enforce your right to seek punitive damages of up to $250,000 against the railroad.
When reporting a safety violation or fraud
If you wish, you can bypass your railroad and go directly to the FRA (Department of Transportation Federal Railroad Administration), OSHA (U.S. Department of Labor Occupational Safety and Health Administration), or a law enforcement agency to report any waste of public funds or violations of safety rules or regulations. Your name and identify will not be disclosed to the railroad unless you want it to be. Call us at 1-800-654-7245 (RAIL) to discuss how best to report such fraud or safety violations.
If you need protection from retaliation or if your railroad violates the FRSA, call us
Cahill Goetsch & Perry, P.C. has over three decades experience helping workers with all types of injuries on railroads such as Metro-North Commuter Railroad, Amtrak, Massachusetts Bay Commuter Railroad, New Jersey Transit, Long Island Railroad, PATH, CSX Railroad, and Providence & Worcester Railroad. Call us at 1-800-654-RAIL or click here for a free confidential consultation with an experienced railroad accident lawyer and FRSA attorney.
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I need to report an unsafe condition.
I am being forced to work in unsafe conditions.
Has my railroad violated safety regulations?
