Federal Employers Liability Act

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 United States 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." 40 Cong. Rec. 4607 (1906).

Adoption

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.

FELA was not intended to be awarded automatically. Unlike workers' compensation provisions in state laws, 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 100 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.

olvent 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 Corporation, the largest railroad company 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. The largest verdict for a single plaintiff alleging brain injury from solvent exposure while working for CSX was awarded in the matter of William Crouch v. CSX Transportation, Inc. That case, tried in Portsmouth, Virginia in 1996 resulted in a twelve million dollar verdict. The Verdict was reduced to ten million, the amount sued for by the plaintiff's attorney. The plaintiff's attorney, Larry W. Lockwood,Jr. discovered this case, as well as many others while a law student as William and Mary's Marshall Wythe School of law. This verdict was obtained by Mr. Lockwood less than one year after he graduated from law school. The verdict, which, as of 2008, remains the largest for a single solvent related injury suit, was at the time it was awarded the largest verdict for a single FELA plaintiff in the almost one hundred year history of the Federal Employers Liability Act.

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.

"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." Associate Justice of the Supreme Court of the United States William O. Douglas

External links

* [http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+11+0++(Federal%20Em Text of the Act]
* "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).