Experienced FRSA Law Practice Nationwide
The employees of many industries are protected from retaliation for "whistleblowing" activities, namely, exposing information or activity within a private, public, or government organization that is deemed illegal, illicit, unsafe, or fraudulent.
One of the most important legal protections for railroad workers is the Federal Rail Safety Act, or FRSA, which prohibits railroads from retaliating against workers who reveal illegal or immoral acts engaged in by their employers. If you have seen or heard something on the job that doesn't sit right with you, trust your instincts, and call Law Office of Christy & Ferguson PA.
Serving Arkansas and clients across the US!
Activities protected under FRSA
The FRSA is an extremely powerful law that provides extensive remedies and protection for railroad workers on the receiving end of retaliation for engaging in "protected activities." Some examples of "protected activity" under the FRSA include:
- Injuries - Notifying the railroad of your work-related injury or illness, or that of a co-worker
- Safety Concerns - Reporting a hazardous safety or security condition
- Refusing to violate any federal law, rule, or regulation relating to rail safety or security
- Refusing to authorize the use of unsafe railroad equipment, track, or structures
- Medical Treatment - For any work related medical condition, following the orders or treatment plan of your treating doctor, up to and including following your doctor's order not to work until you are medically fit to do so, which railroad managers and medical department cannot deny, delay, or interfere with
- Fraud or Waste of Public Funds - Providing information regarding the fraud, waste, or abuse of governmental funds connected to rail safety or security
"Make whole" remedies
The FRSA is a "make whole remedy" law that gives workers the power to force the railroad:
- To avoid and expunge your discipline
- To reinstate you with all seniority and benefits unimpaired
- To pay you back wages with interest
- To pay for all your economic losses
- To pay unlimited emotional distress damages
- To pay punitive damages up to $250,000
- To pay your attorney's fees and costs
"Wait" is a four-letter word
The window for filing a FRSA complaint with OSHA's Whistleblower Protection Directorate is only 180 days. That means railroad workers only have 180 days to file from the date the worker knew or should have known the railroad decided to take an adverse action against them. If you believe your employer has retaliated against you for reporting an injury or any of other "protected activities" listed above, call the Law Office of Christy & Ferguson PA, as soon as possible so we can determine if you have a FRSA claim, and how we can best to protect your rights.