Federal Employers Liability Act
Railroad employees that work with companies who perform interstate commerce have a federal remedy that in lieu of traditional worker's compensation. The Federal Employers Liability Act has protected railroad workers from employer negligence. Under this law the employee does not even need to prove 100 percent negligence on the part of the employer.
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History
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The exponential growth of America's railroad system during the late 19th century also brought a high number of injuries to railroad workers. Bernard Abrams writes in "Train Accident Reconstruction And FELA", that one in every eight employees experienced some injury before 1908. Congress passed the Federal Employers' Liability Act in 1908 to give employees of railroads that engage in interstate commerce a path to receive compensation for injuries the occur on the job.
Injuries
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The courts have interpreted FELA to include injuries to employees not on the clock and railroad positions not directly on the rail lines, such as in a manager's office. FELA is generally invoked when an employee can not work for a substantial amount of time, due, at least in part, to employee negligence. Rough-housing and other employee play would not be a cause to file a FELA grievance, nor would minor cuts and scrapes
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Compensation
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FELA allows railroad workers injured on the job to receive compensation even if the railroad company is only partly at fault. This is called "comparative negligence". In comparative negligence cases, the railroad worker receives compensation as a percentage of fault applied to the railroad company. For example, if a person files a $1,000,000 suit and the jury finds the company 40 percent at fault, the employee is awarded $400,000.
Treatment
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When injuries occur railroad workers are sent to receive medical care at a company-affiliated hospital, although a claimant does not need to see the company doctor to file action under FELA. Unionized railroad workers usually have health insurance as part of their benefits. Since the employee must choose between FELA and worker's compensation, the employee does not receive compensation during this period. The employee may be awarded back pay if the railroad is found negligent in the injury.
Additional Protection
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A related piece of legislation, The Safety Appliance Act and Boiler Inspection Act, removes the burden to prove negligence in the cause of injuries sustained on locomotives and coal cars. However, an injury would have to occur during the operation of a rail vehicle. An employee injured on a tender or locomotive taken off the lines for repair would still have to prove negligence.
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