Federal Employers Liability Act ( FELA ), 45 U.S.C. Ã, § 51 et seq. (1908), is a United States federal law that protects and compensates trains that are injured in employment.
Video Federal Employers Liability Act
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In the years between 1889 and 1920, the use of trains in the US expanded sixfold. With this expansion, the danger for rail workers increases.
President Benjamin Harrison addressed this danger in a speech to the United States Congress in 1889, where he compared the fate of railroad workers to a warrior warrior:
It is a slur to our civilization that every American working class, must in the pursuit of necessary and useful calls, be subjected to the dangers of life and limbs as great as a warrior in war.
In discussing the need for legislation to address railroad workers' exposure to hazards, US Representative Henry D. Flood, a strong advocate for FELA endorsement, refers to alarming statistics about work-related injuries and deaths on railroads.
To curb this danger, Congress relies on the experience of certain countries that have passed a law similar to FELA to support the proposition that FELA will lead to improved safety on the rail. Floods urged the House of Representatives to "follow the guidance of the enlightened and progressive countries."
Maps Federal Employers Liability Act
Act
Adoption
The FELA law passed in 1906 was declared unconstitutional by the US Supreme Court. The 1908 law passed by Congress, however, survived the test.
Congress passed FELA in response to the high number of train deaths in the late nineteenth and early twentieth centuries. Under FELA, rail workers who are not covered by regular workers compensation laws can sue companies for their injury claims. FELA allows the payment of money for pain and suffering, decided by a jury based on comparative omissions rather than on a predetermined schedule of benefits under workers' compensation.
FELA is not intended to be given automatically. Unlike the State Workers Compensation Act, FELA requires an injured railway to prove that the train is "negligent," at least in part, in causing injury. After proving negligence, the injured railway is entitled to full compensation. Such compensation is usually much greater than that provided by the State Workers Compensation for non-railways.
Attempts to revise
In the 44 years following the enactment of FELA, 26 bills were introduced to replace FELA with workers compensation. Congress refused in every instance to make this change..
Solvent lawsuit
Tens of millions of dollars have been paid by the railway companies to complete solvent lawsuits under FELA. Rail workers today or previously claimed exposure to toxic solvents from the 1960s through the 1990s have caused mild to severe brain damage. CSX, the largest railroad company in the eastern United States, has acknowledged the settlement of a 466 disposal claim and paid up to $ 35 million, although the company continues to resist the link between solvent exposure and brain damage. Medical experts estimate that thousands of workers may suffer from toxic encephalopathy, but have been misdiagnosed because of the complexity of diagnosing debilitating diseases.
Legal Review Articles
- "MTA, it's not" the road "- the responsibility of the metropolitan transport authority under FELA: Greene v. Long Island RR, St. John Law Review , Winter 2001.
- "Standard of Sufficiency of Evidence to Make the Jury Question in the FELA Case Sometimes the Case Type, and Appropriate Human Standards Apply to a Non-FELA Test Judge," Boeing v. Shipman , 411 F.2d 365 (5th Cir. 1969), 48 Texas L. Rev . 695 (1970).
See also
- Brotherhood of Locomotive Engineers and Trainmen
- Fraternity of Employee Maintenance Road
- Brotherhood of Railroad Signalmen
- Federal Rail Administration
- Railway Retirement Board
References
External links
- Federal Business Obligations Act | Train the Web with Web Train, Online Train Community
Source of the article : Wikipedia
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