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{{Short description|1908 U.S. law that protects and compensates railroaders injured on the job}}
The Federal Employers Liability Act (FELA) was passed by the ] to protect and compensate ]ers injured on the job.
{{Trainstopics}}The '''Federal Employers' Liability Act''' ('''FELA'''), ] § 51 ] (1908), is a ] that protects and compensates ]ers injured on the job.<ref>{{cite book|last=Walgren|first=John A.|title=Federal Employers' Liability Act: practitioner's manual|publisher=T.H. Flood|year=1916|url=https://archive.org/details/federalemployers00walg|page=|access-date=Sep 14, 2009}}</ref>

<!--Norfolk & Western R. Co. v. Ayers, 538 U.S. 135-->
==Background== ==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.


] ] addressed these dangers in a speech to the ] in 1889, in which he compared the plight of the railroad worker to those of a soldier at war:
In the years between 1889 and 1920, railroad use in the US expanded 6-fold. With this expansion, the dangers to the railroad worker increased. ] addressed these dangers in a speech to Congress in 1889, in which he compared the plight of the railroad worker to a soldier at war when he stated: "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, Congressman 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 Cong. Rec. (1906).


<blockquote>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.<ref name="W&K">{{cite web |url=http://www.railroadinjurylawyers.org/about-fela/ |title=About The Federal Employers' Liability Act (FELA) |publisher=railroadinjurylawyers.org |access-date=January 30, 2014 |archive-date=February 1, 2014 |archive-url=https://web.archive.org/web/20140201211732/http://www.railroadinjurylawyers.org/about-fela/ |url-status=live }}</ref></blockquote>
⚫ 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. Congressman Flood, in urging the ] to "follow the lead of those enlightened and progressive states." 40 Cong. Rec. 4607 (1906).


In discussing the need for legislation to address the railroad worker's exposure to harm, ] ], a strong advocate for the passage of the FELA, referred to alarming statistics about the injuries and deaths associated with work on the railroad.<ref>40 '']'' (1906).</ref>
⚫ Congress passed FELA in 1908 in response to the high number of railroad deaths in the late 1800s and early 1900s. 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.


⚫ 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 urged the ] to "follow the lead of those enlightened and ] states."<ref>490 Cong. Rec. 4607 (1906).</ref>
FELA was not intended to be awarded automatically. Unlike State ] Law, FELA requires the injured railroader to prove that the railroad was "legally ]," 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.


==The Act==
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.


===Adoption===
⚫ ==Solvent lawsuits==
The FELA Act enacted in 1906 was declared unconstitutional by the ]. The 1908 legislation passed by Congress, however, withstood tests.<ref></ref><ref>{{cite web |url=http://chestofbooks.com/society/law/The-Constitutional-Law-Of-The-United-States/350-Employers-Liability-Law-Of-1908.html |title=The Federal Employers Liability Law of 1908 |publisher=Chestofbooks.com |access-date=September 10, 2010 |archive-date=February 22, 2010 |archive-url=https://web.archive.org/web/20100222030515/http://chestofbooks.com/society/law/The-Constitutional-Law-Of-The-United-States/350-Employers-Liability-Law-Of-1908.html |url-status=live }}</ref><ref>{{cite journal |author=John Williams-Searle |url=http://www.dsq-sds.org/article/view/113/113 |title=''Risk, Disability, and Citizenship: U. S. Railroaders and the Federal Employers' Liability Act'' |journal=Disability Studies Quarterly |date=2008 |volume=28 |issue=3 |publisher=Dsq-sds.org |doi=10.18061/dsq.v28i3.113 |access-date=September 10, 2010 |archive-date=July 18, 2011 |archive-url=https://web.archive.org/web/20110718011839/http://www.dsq-sds.org/article/view/113/113 |url-status=live |doi-access=free }}</ref> ]
⚫ 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 ], decided by juries based on ] rather than pursuant to a pre-determined benefits schedule under workers' compensation.
⚫
FELA was not intended to be awarded automatically. Unlike State ] Law, FELA requires the injured railroader to prove that the railroad was "legally ]," at least in part, in causing the injury.<ref>{{cite web|title=National FELA Lawyers for Railroad Worker Injuries|url=https://www.sommerspc.com/practice-areas/personal-injury/railroad-worker-injuries/|website=sommerspc.com|publisher=Sommers Schwartz, P.C.|access-date=10 July 2017|archive-date=20 March 2022|archive-url=https://web.archive.org/web/20220320154222/https://www.sommerspc.com/|url-status=live}}</ref> 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. FELA offers potential legal recourse for various work-related injuries, including train collisions, derailments, slip and fall incidents, crush injuries, electrical hazards, and wrongful death.<ref>{{Cite web |title=FELA Claims Lawsuit Pre-settlement Loan |url=https://www.highriselegalfunding.com/labor-law-loans/fela/ |access-date=2024-11-10 |website=High Rise Financial |language=en}}</ref>


===Attempts to revise===
⚫ Tens of millions of dollars have been paid by railroad companies to settle solvent lawsuits under FELA. Current or former railroad workers have claimed exposure to toxic solvents from the ] into the ] has caused mild to severe ]. ], 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.
]
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. .<ref>{{Cite book |url=https://books.google.com/books?id=GeQ0AAAAIAAJ&q=%22federal+employers'+liability+act%22 |title=Federal Employers' Liability Act: hearing before the Subcommittee on Transportation and Hazardous Materials of the Committee on Energy and Commerce, House of Representatives, ''One Hundred First Congress, first session, November 1, 1989'', United States Congress House Committee on Energy and Commerce, Subcommittee on Transportation and Hazardous Materials, U.S. G.P.O., 1990, accessed December 19, 2009 |date=November 1, 1989 |access-date=September 10, 2010 |archive-date=March 20, 2022 |archive-url=https://web.archive.org/web/20220320154220/https://books.google.com/books?id=GeQ0AAAAIAAJ&q=%22federal+employers%27+liability+act%22 |url-status=live }}</ref>


⚫ ===Solvent lawsuits===
⚫ Medical experts estimate that thousands of workers may be suffering from toxic ] but have been misdiagnosed due to the complexity of diagnosing the debilitating illness.
⚫ Tens of millions of dollars have been paid by railroad companies to settle ] 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 ]. ], the largest railroad in the eastern United States, has acknowledged settling 466 ] exposure claims and paying up to $35 million, though the company has continued to deny a link between solvent exposure and brain damage.<ref>{{cite news |title=First solvent claim was 15 years ago - CSX acknowledges over 600 lawsuits|work= The Kentucky Post |page= 7A|date= 15 May 2001}}
⚫ </ref> Medical experts estimate that thousands of workers may be suffering from toxic ], but have been misdiagnosed due to the complexity of diagnosing the debilitating illness.<ref>{{cite news |title=Solvents may cause brain damage, experts say|work= Charleston Gazette |page= P5C|date= 15 May 2001}}
</ref>


===Law Review articles===
==Miscellaneous==
{{quote box|width=31em |bgcolor= |align=right |
⚫ quote = The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability for negligence.|source=-], ]{{fcn|date=November 2023}}}}


* "MTA, it's not "going your way" – liability of the metropolitan transportation authority under FELA: ''Greene v. Long Island R.R,'' '''St. John's L. Rev.''', Winter 2001.<ref>{{cite web |url=http://findarticles.com/p/articles/mi_qa3735/is_200101/ai_n8937672 |title=MTA, it's not "going your way"-liability of the metropolitan transportation authority under fela: Greene v. Long Island R.R, The &#124; St. John's Law Review &#124; Find Articles at BNET |publisher=Findarticles.com |date=March 4, 1998 |access-date=September 10, 2010 |archive-date=July 21, 2009 |archive-url=https://web.archive.org/web/20090721165727/http://findarticles.com/p/articles/mi_qa3735/is_200101/ai_n8937672/ |url-status=live }}</ref>
⚫ "The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability for negligence." -], ].
* "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==
*]
*]
*]
*]
*]

==References==
{{Reflist}}

==External links==
* by Train Web, Online Railroad Community


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Latest revision as of 17:53, 10 November 2024

1908 U.S. law that protects and compensates railroaders injured on the job
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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.

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 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:

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 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.

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 urged the U.S. House of Representatives to "follow the lead of those enlightened and progressive states."

The Act

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.

Fatal car accident in Spencerport, New York,
October 20, 1917

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. FELA offers potential legal recourse for various work-related injuries, including train collisions, derailments, slip and fall incidents, crush injuries, electrical hazards, and wrongful death.

Attempts to revise

Amtrak accident at
Bourbonnais, Illinois, March 15, 1999

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. .

Solvent lawsuits

Tens of millions of dollars have been paid by railroad companies to settle solvent 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.

Law Review articles

The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability for negligence.

-Justice William Douglas, United States Supreme Court
  • "MTA, it's not "going your way" – liability of the metropolitan transportation authority under FELA: Greene v. Long Island R.R, St. John's L. Rev., 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

References

  1. Walgren, John A. (1916). Federal Employers' Liability Act: practitioner's manual. T.H. Flood. p. 9. Retrieved Sep 14, 2009.
  2. "About The Federal Employers' Liability Act (FELA)". railroadinjurylawyers.org. Archived from the original on February 1, 2014. Retrieved January 30, 2014.
  3. 40 Congressional Record (1906).
  4. 490 Cong. Rec. 4607 (1906).
  5. The Federal Employers Liability Law of 1906
  6. "The Federal Employers Liability Law of 1908". Chestofbooks.com. Archived from the original on February 22, 2010. Retrieved September 10, 2010.
  7. John Williams-Searle (2008). "Risk, Disability, and Citizenship: U. S. Railroaders and the Federal Employers' Liability Act". Disability Studies Quarterly. 28 (3). Dsq-sds.org. doi:10.18061/dsq.v28i3.113. Archived from the original on July 18, 2011. Retrieved September 10, 2010.
  8. "National FELA Lawyers for Railroad Worker Injuries". sommerspc.com. Sommers Schwartz, P.C. Archived from the original on 20 March 2022. Retrieved 10 July 2017.
  9. "FELA Claims Lawsuit Pre-settlement Loan". High Rise Financial. Retrieved 2024-11-10.
  10. Federal Employers' Liability Act: hearing before the Subcommittee on Transportation and Hazardous Materials of the Committee on Energy and Commerce, House of Representatives, One Hundred First Congress, first session, November 1, 1989, United States Congress House Committee on Energy and Commerce, Subcommittee on Transportation and Hazardous Materials, U.S. G.P.O., 1990, accessed December 19, 2009. November 1, 1989. Archived from the original on March 20, 2022. Retrieved September 10, 2010.
  11. "First solvent claim was 15 years ago - CSX acknowledges over 600 lawsuits". The Kentucky Post. 15 May 2001. p. 7A.
  12. "Solvents may cause brain damage, experts say". Charleston Gazette. 15 May 2001. p. P5C.
  13. "MTA, it's not "going your way"-liability of the metropolitan transportation authority under fela: Greene v. Long Island R.R, The | St. John's Law Review | Find Articles at BNET". Findarticles.com. March 4, 1998. Archived from the original on July 21, 2009. Retrieved September 10, 2010.

External links

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