The Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. (1908), is a

United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...

that protects and compensates

railroad Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a prep ...

ers 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 most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

Benjamin Harrison Benjamin Harrison (August 20, 1833March 13, 1901) was an American lawyer and politician who served as the 23rd president of the United States from 1889 to 1893. He was a member of the Harrison family of Virginia–a grandson of the ninth pre ...

addressed these dangers in a speech to the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...

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 The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...

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 The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

to "follow the lead of those enlightened and

progressive Progressive may refer to: Politics * Progressivism, a political philosophy in support of social reform ** Progressivism in the United States, the political philosophy in the American context * Progressive realism, an American foreign policy pa ...

states."

The Act

Adoption

The FELA Act enacted in 1906 was declared unconstitutional by the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

. The 1908 legislation passed by Congress, however, withstood tests. 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 Pain and suffering is the legal term for the physical and emotional stress caused from an injury (see also pain and suffering). Some damages that might come under this category would be: aches, temporary and permanent limitations on activity, ...

, decided by juries based on

comparative negligence Comparative negligence, called non-absolute contributory negligence outside 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 ...

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 or workers' comp 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 emp ...

Law, FELA requires the injured railroader to prove that the railroad was "legally

negligent Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...

," 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

NTSB aerial view of Bourbonnais grade crossing accident

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 A solvent (s) (from the Latin '' solvō'', "loosen, untie, solve") is a substance that dissolves a solute, resulting in a solution. A solvent is usually a liquid but can also be a solid, a gas, or a supercritical fluid. Water is a solvent for ...

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 Neurotrauma, brain damage or brain injury (BI) is the destruction or degeneration of brain cells. Brain injuries occur due to a wide range of internal and external factors. In general, brain damage refers to significant, undiscriminating ...

CSX CSX Transportation , known colloquially as simply CSX, is a Class I freight railroad operating in the Eastern United States and the Canadian provinces of Ontario and Quebec. The railroad operates approximately 21,000 route miles () of track. ...

, 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. Medical experts estimate that thousands of workers may be suffering from toxic

encephalopathy Encephalopathy (; from grc, ἐνκέφαλος "brain" + πάθος "suffering") means any disorder or disease of the brain, especially chronic degenerative conditions. In modern usage, encephalopathy does not refer to a single disease, but r ...

, 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 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).

References

{{Reflist

External links

Federal Employers Liability Act , Train Web
by Train Web, Online Railroad Community 60th United States Congress 1908 in law 1908 in rail transport Public liability United States federal labor legislation United States federal transportation legislation United States railroad regulation United States federal legislation articles without infoboxes Employers