Employers' Liability Acts

 

• 1Wrongful termination
• 2Unfair Labor Practices
• 3Employers' Liability Acts
• 4Workplace safety

Note: This wiki article contains information applicable to United States law only.

State and federal laws that define or restrict the grounds under, and the extent to, which the owner of a business who hires workers can be held liable for damages arising from injuries to such workers that occur during the course of the work.

Statutes such as the Federal Employers' Liability Act (10 U.S.C.A. § 51 et seq. [1908]) and workers' compensation laws abrogate the principle of common law that an employer is not liable to employees who have been injured by the fault or negligence of a fellow worker during the course of employment.

"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

The Federal Employers Liability Act was passed by the United States Congress to protect and compensate railroaders injured on the job. However, FELA was never intended to be awarded automatically.

Unlike State Worker's 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.

On the surface the FELA seems simple enough. Unfortunately, it usually isn't simple. In fact, since its inception, the Federal Employers Liability Act has been interpreted many thousands of times by both Federal and State appellate courts.





How to Update Wiki

The WLD Wiki is still very new and so it's a great time to jump in and start updating it and learning how to use it. You really can't mess anything up, because all revisions are stored and can be rolled back by a moderator, so play away and you can help make this a great resource for WORLDLawDirect visitors.