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 other way retaliating or discriminating against employees who engage in "protected activity." It also prohibits railroads from delaying or interfering with an injured employee's medical treatment.

For more detailed information and resources regarding the Federal Rail Safety Act, go to FRSA LIBRARY and TRAINLAWBLOG

Protected activity

All railroad employees (and employees of railroad contractors or subcontractors) engage in "protected activity" when they:

  • report a hazardous safety condition
  • notify the railroad of their work-related injury or occupational illness
  • notify the railroad of a co-worker's work-related injury or occupational illness
  • furnish information to the FRA, NTSB, or any regulatory or law enforcement agency relating to any railroad incident that results in injury, death, or property damage
  • cooperate with a safety or security investigation by the FRA, NTSB, or Homeland Security
  • provide information regarding any violation of any federal law, rule, or regulation relating to railroad safety or security
  • provide information regarding 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
  • accurately report their hours on duty pursuant to the Hours of Service Act
  • follow the orders or treatment plan of their treating physician
  • file a FRSA complaint with OSHA’s Whistleblower Office
  • testify regarding a FRSA complaint

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 initial medical treatment of an employee injured during the course of employment. Also, 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 discipline you for refusing to travel to its medical department or to come in for light duty work.

Remedies against the railroad

If a railroad fires, disciplines, or in any other way retaliates or discriminates against any employee who engages in the above listed "protected activity," that employee now can sue the railroad in federal court for a jury award ordering the following remedies:

  • voiding and expunging of any discipline
  • reinstatement with all seniority and benefits restored
  • back pay with interest
  • compensatory damages, including special damages for:
    • mental distress or emotional suffering
    • any economic losses stemming from the railroad’s actions
  • punitive damages of up to $250,000, and
  • attorney fees and costs (including expert costs)

Do not lose your legal rights through delay

Under the law, you have a very short window of 180 days to begin the process to protect your rights. If the railroad begins to retaliate because you have reported an injury or a safety violation or engaged in any other protected activity, contact us immediately at 1-800-654-7245 (RAIL) or click here to contact us (/contact-us/) so we can advise you how best to preserve and enforce all your rights under this important federal law.

If the railroad starts to discipline you after reporting an on-the-job injury

If the railroad starts to discipline you after you report an injury, you have a very short window of 180 days to begin the process to protect your rights under this law. You should immediately contact us at 1-800-654-7245 (RAIL) or click here to contact us (/contact-us/) so we can take the necessary steps to protect your right to "make whole" remedies, including punitive damages of up to $250,000.

If the railroad medical department interferes with your medical treatment

Under the FRSA, you have a right to follow your treating doctor's orders 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, or when a railroad medical department arbitrarily declares your on-the-job injury to be "non-occupational," call us immediately at 1-800-654-7245 (RAIL) or click here to contact us (/contact-us/) so we can take the necessary steps to 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 has over three decades experience helping workers with all types of injuries on railroads such as Amtrak (National Railroad Passenger Corp or NRPC), CSX Railroad, Norfolk Southern Railroad (NFSR), Metro-North Commuter Railroad (Metro-North Railroad or MN RR), Massachusetts Bay Commuter Railroad (MBCR), New Jersey Transit Rail (NJ Transit Rail), Long Island Railroad (LIRR), PATH (Port Authority Trans Hudson Rail), Providence & Worcester Railroad (P & W Railroad), and short line railroads. 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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