Federal Employers Liability Act
Encyclopedia
The Federal Employers Liability Act (FELA), 45 U.S.C.
§ 51 et seq. (1908), is a United States federal law that protects and compensates railroaders injured on the job.
President
Benjamin Harrison
addressed these dangers in a speech to the United States Congress
in 1889, in which he compared the plight of the railroad worker to those of a soldier at war:
In discussing the need for legislation to address the railroad worker's exposure to harm, U.S. Representative
Henry D. Flood
, a strong advocate for the passage of the FELA, referred to alarming statistics about the injuries and deaths associated with work on the railroad. 40 Congressional Record
(1906).
To curb these dangers, Congress relied upon the experience of certain states which had already passed legislation similar to the FELA to support the proposition that the FELA would lead to increased safety on the railroad. Flood, in urging the U.S. House of Representatives to "follow the lead of those enlightened and progressive
states." 490 Cong. Rec. 4607 (1906).
Congress passed FELA in response to the high number of railroad deaths in the late 19th century and early 20th century. Under FELA, railroad workers who are not covered by regular workers’ compensation laws are able to sue companies over their injury claims. FELA allows monetary payouts for pain and suffering
, decided by juries based on comparative negligence
rather than pursuant to a pre-determined benefits schedule under workers' compensation.
FELA was not intended to be awarded automatically. Unlike State Workers' Compensation
Law, FELA requires the injured railroader to prove that the railroad was "legally negligent," at least in part, in causing the injury. After proving negligence, the injured railroader is entitled to full compensation. Such compensation is usually many times greater than that provided by State Worker's Compensation for non-railroaders.
lawsuits under FELA. Current or former railroad workers have claimed exposure to toxic solvents from the 1960s into the 1990s has caused mild to severe brain damage
.
CSX, the largest railroad in the eastern United States, has acknowledged settling 466 solvent
exposure claims and paying up to $35 million, though the company has continued to deny a link between solvent exposure and brain damage.
Medical experts estimate that thousands of workers may be suffering from toxic encephalopathy
, but have been misdiagnosed due to the complexity of diagnosing the debilitating illness.
Title 45 of the United States Code
Title 45 of the United States Code outlines the role of rail transport in the United States Code.-External links:*, via United States Government Printing Office*, via Cornell University...
§ 51 et seq. (1908), is a United States federal law that protects and compensates railroaders injured on the job.
Background
In the years between 1889 and 1920, railroad use in the U.S. expanded six-fold. With this expansion, the dangers to the railroad worker increased.President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Benjamin Harrison
Benjamin Harrison
Benjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
addressed these dangers in a speech to the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1889, in which he compared the plight of the railroad worker to those of a soldier at war:
It is a reproach to our civilization that any class of American workmen, should in the pursuit of a necessary and useful vocation, be subjected to a peril of life and limb as great as that of a soldier in time of war.
In discussing the need for legislation to address the railroad worker's exposure to harm, U.S. Representative
Title 45 of the United States Code
Title 45 of the United States Code outlines the role of rail transport in the United States Code.-External links:*, via United States Government Printing Office*, via Cornell University...
Henry D. Flood
Henry D. Flood
Henry De La Warr Flood was a Representative from the Commonwealth of Virginia to the United States House of Representatives, brother of U.S. Representative Joel West Flood and uncle of U.S. Senator Harry Flood Byrd....
, a strong advocate for the passage of the FELA, referred to alarming statistics about the injuries and deaths associated with work on the railroad. 40 Congressional Record
Congressional Record
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published by the United States Government Printing Office, and is issued daily when the United States Congress is in session. Indexes are issued approximately every two weeks...
(1906).
To curb these dangers, Congress relied upon the experience of certain states which had already passed legislation similar to the FELA to support the proposition that the FELA would lead to increased safety on the railroad. Flood, in urging the U.S. House of Representatives to "follow the lead of those enlightened and progressive
Progressivism in the United States
Progressivism in the United States is a broadly based reform movement that reached its height early in the 20th century and is generally considered to be middle class and reformist in nature. It arose as a response to the vast changes brought by modernization, such as the growth of large...
states." 490 Cong. Rec. 4607 (1906).
Adoption
The FELA Act enacted in 1906 was declared unconstitutional by the U.S. Supreme Court. The 1908 legislation passed by Congress, however, withstood tests.Pain and suffering
Pain and suffering is the legal term for the physical and emotional stress caused from an injury .Some damages that might be under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring...
, decided by juries based on comparative negligence
Comparative negligence
Comparative negligence, or non-absolute contributory negligence outside of the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause...
rather than pursuant to a pre-determined benefits schedule under workers' compensation.
FELA was not intended to be awarded automatically. Unlike State Workers' Compensation
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
Law, FELA requires the injured railroader to prove that the railroad was "legally negligent," at least in part, in causing the injury. After proving negligence, the injured railroader is entitled to full compensation. Such compensation is usually many times greater than that provided by State Worker's Compensation for non-railroaders.
Attempts to revise
In the 44 years following the enactment of the FELA, 26 bills were introduced to replace the FELA with workers' compensation. Congress refused in each instance to make this change. These attacks upon the FELA have continued to the present, and in each instance they have been rebuffed by Congress.Solvent lawsuits
Tens of millions of dollars have been paid by railroad companies to settle solventSolvent
A solvent is a liquid, solid, or gas that dissolves another solid, liquid, or gaseous solute, resulting in a solution that is soluble in a certain volume of solvent at a specified temperature...
lawsuits under FELA. Current or former railroad workers have claimed exposure to toxic solvents from the 1960s into the 1990s has caused mild to severe brain damage
Brain damage
"Brain damage" or "brain injury" is the destruction or degeneration of brain cells. Brain injuries occur due to a wide range of internal and external factors...
.
CSX, the largest railroad in the eastern United States, has acknowledged settling 466 solvent
Solvent
A solvent is a liquid, solid, or gas that dissolves another solid, liquid, or gaseous solute, resulting in a solution that is soluble in a certain volume of solvent at a specified temperature...
exposure claims and paying up to $35 million, though the company has continued to deny a link between solvent exposure and brain damage.
Medical experts estimate that thousands of workers may be suffering from toxic encephalopathy
Encephalopathy
Encephalopathy means disorder or disease of the brain. In modern usage, encephalopathy does not refer to a single disease, but rather to a syndrome of global brain dysfunction; this syndrome can be caused by many different illnesses.-Terminology:...
, but have been misdiagnosed due to the complexity of diagnosing the debilitating illness.
Law Review articles
- "MTA, it's not "going your way" – liability of the metropolitan transportation authority under FELA: Greene v. Long Island R.R, St. John's Law Review, Winter 2001.
- "The Standard of Sufficiency of Evidence to Create a Jury Question in FELA Cases is Peculiar to That Type of Case, and a Reasonable Man Standard Is Applicable in Non-FELA Jury Trials," Boeing v. Shipman, 411 F.2d 365 (5th Cir. 1969), 48 Texas L. Rev. 695 (1970).
See also
- Brotherhood of Locomotive Engineers and Trainmen http://www.ble.org
- Brotherhood of Maintenance of Way Employees http://www.bmwe.org
- Brotherhood of Railroad SignalmenBrotherhood of Railroad SignalmenThe Brotherhood of Railroad Signalmen is a labor union in the United States and Canada. It represents workers who install and maintain signal systems on rail transport networks...
http://www.brs.org - Federal Railroad AdministrationFederal Railroad AdministrationThe Federal Railroad Administration is an agency in the United States Department of Transportation. The agency was created by the Department of Transportation Act of 1966...
http://www.fra.dot.gov - Railroad Retirement BoardRailroad Retirement BoardThe U.S. Railroad Retirement Board is an independent agency in the executive branch of the United States government created in 1935 to administer a social insurance program providing retirement benefits to the country's railroad workers....
http://www.rrb.gov