THE HISTORY OF FELA

 

                                      JONES & GRANGER LAW FIRM

                                                 Mickey Muschietty

 

           

    In 1908 the Federal Employers Liability Act (FELA) was established in response to the hazardous working conditions in the rail industry. It is reported in the Interstate Commerce Commission Report (764) that in 1901, 2,675 railroad employees were killed and 41,142 were injured. Prior to the enactment of FELA all railroad employees were covered under the various workmen compensation Statutes, which were both inadequate and non-uniform in the benefits available. Due to the great number of injuries and in-adequacy of benefits available, Congress passed the FELA to protect railroad workers and to bring about a more uniform recovery method.

    The railroad companies opposed all laws pertaining to the protection of railroad workers; however, when legislation was introduced, the carriers pushed for a statute, which would require the employee to prove negligence (or fault) in order to make a recovery. Initially this worked well for the railroads since they could tie up the injured workers case in court and force the injured worker to occur substantial expense in order to make a recovery. As a result, many employees could not afford representation or the expense of litigation and did not use the FELA. In 1916, the Brotherhood of Railroad Trainmen saw the need to address this issue and formulated the idea of designating certain lawyers to represent injured Union members. This quickly carried over to all the rail Unions and hence started the Designated Legal Counsel system which is in place today.

      The introduction of Designated Legal Counsel (DLS) was important to the injured worker because the quality of representation improved along with the recoveries made by the injured workers. Due to the success if the DLC, the railroads began to attack the DLS on the basis of various state solicitation laws. In June 1959 the Virginia State Bar filed suite against the Brotherhood of Railroad Trainmen and one of it’s designated council on the basis of violation of solicitation laws. The United States Supreme Court decided the case in 1964, and upheld the rights of the Union to advise union workers to obtain legal advice and that specific lawyers may be recommended accordance with the First and Fourteenth Amendment. Brotherhood of Railroad Trainmen v. Virginia Ex. Rel. Virginia State Bar, 377U>S> 1 (19640

    In 1939, the first amendments to FELA were made. Amendments eliminating assumption of risk and the Fellow Servant Doctrine were made in addition to changing contributory negligence. In addition, the railroads were prohibited from panelizing employees who provided information concerning an injury to the injured employees. Other than changes made in 1939, no other amendments have been made to the FELA.

    In 1997, the railroads were successful in having the General Accounting Office (GAO) study the feasibility of changing the (FELA). The GAO, after having studied the FELA and conduction numerous interviews with Designated Counsel and various injured workers, found that FELA works. They further found out that if any further changed are to be made, they should be made between labor and management.

    Other than the changes made by congress in 1939, the United States Supreme Court in several landmark cases has interpreted the FELA. In 1914, the Supreme Court held that violations of the Safety Appliance Act and Boiler Inspection Act made the railroads strictly liable for injuries resulting from various violations

    The Supreme Court in a landmark decision in1956 relaxed the burden of plaintiff in proving fault. The court held that the injury question was presented if the railroad’s negligence played any part, even the slightest, in causing the death or injury. Rogers v. Missouri Pacific Railroad 352 U.S. 503 (1957). The proof or negligence was further eased when the Supreme Court held that a jury question of causation was presented when there was evidence that the employer’s negligence played “any role” in providing the injury.  Gallick v. Baltimore and Ohio Railroad Company 372 U.S. 108 (1963).

    Although the Supreme Court liberalized the burden for Plaintiff to prove its case in Rogers & Glick, in1964 the Supreme Court held that pure emotional or psychological injuries are not covered under FELA unless the emotional injury follows or is in conjunction with a physical injury, or individual was in the zone of danger. Consolidated Rail Corporation v. Gottshall 510 U.S. 1162.

    Taken as a whole, the effect of FELA has been a safety statute since the railroads are held accountable for their actions. In today’s conservative environment, every effort must be made to preserve what Congress in its infinite wisdom passed in 1908.