Federal Employers Liability Act: Difference between revisions

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	In the years between 1889 and 1920, railroad use in the US expanded sixfold. With this expansion, the dangers to the railroad worker increased.		In the years between 1889 and 1920, railroad use in the US expanded sixfold. 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 a soldier at war: <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="ashc"></ref></blockquote>		] ] addressed these dangers in a speech to the ] in 1889, in which he compared the plight of the railroad worker to a soldier at war: <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="ashc">{{cite web\|url=http://www.ashcraftandgerel.com/fela.html \|title=Railroad Worker Injuries – The Federal Employers' Liability Act (Fela) \|publisher=Ashcraftandgerel.com \|date= \|accessdate=September 10, 2010}}</ref></blockquote>

	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. 40 ] (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. 40 ] (1906).
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	===Adoption===		===Adoption===
	The FELA Act enacted in 1906 was declared unconstitutional by the US Supreme Court. The 1908 legislation passed by Congress, however, withstood tests.<ref></ref><ref></ref><ref></ref> ]		The FELA Act enacted in 1906 was declared unconstitutional by the US Supreme Court. 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 \|date= \|accessdate=September 10, 2010}}</ref><ref>{{cite web\|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'' \|publisher=Dsq-sds.org \|date= \|accessdate=September 10, 2010}}</ref> ]
	Congress passed FELA 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 ], decided by juries based on ] rather than pursuant to a pre-determined benefits schedule under workers' compensation.		Congress passed FELA 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 ], decided by juries based on ] rather than pursuant to a pre-determined benefits schedule under workers' compensation.

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	===Attempts to revise===		===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.<ref></ref>		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.<ref>{{cite web\|url=http://books.google.com/books?id=GeQ0AAAAIAAJ&q=%22federal+employers'+liability+act%22&dq=%22federal+employers'+liability+act%22&num=100&cd=7 \|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 \|publisher=Books.google.com \|date=November 1, 1989 \|accessdate=September 10, 2010}}</ref>

	===Solvent lawsuits===		===Solvent lawsuits===

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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 US expanded sixfold. 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 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. 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).

The Act

Adoption

The FELA Act enacted in 1906 was declared unconstitutional by the US Supreme Court. The 1908 legislation passed by Congress, however, withstood tests.

Congress passed FELA 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.

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.

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 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 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).

References

Walgren, John A. (1916). Federal Employers' Liability Act: practitioner's manual. T.H. Flood. Retrieved Sep 14, 2009.
"Railroad Worker Injuries – The Federal Employers' Liability Act (Fela)". Ashcraftandgerel.com. Retrieved September 10, 2010.
The Federal Employers Liability Law of 1906
"The Federal Employers Liability Law of 1908". Chestofbooks.com. Retrieved September 10, 2010.
John Williams-Searle. "''Risk, Disability, and Citizenship: U. S. Railroaders and the Federal Employers' Liability Act''". Dsq-sds.org. Retrieved September 10, 2010.
"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". Books.google.com. November 1, 1989. Retrieved September 10, 2010.
"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. Retrieved September 10, 2010.

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