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Part XV: Transportation W

RESOLUTIONONTHEFEDERALEMPLOYER'SLIABILITYACT

ALEC’s model Resolution on the Federal Employer’s Liability Act calls for Congress to repeal the Federal

Employer’s Liability Act (FELA) and place the railroad industry under no-fault worker’s compensation laws:

thus avoiding costly legal expenses.

WHEREAS, the railroad industry is covered by the Federal Employers’ Liability Act (FELA), a fault-based

law enacted in 1908 to provide compensation to employees suffering work-related injuries; and

WHEREAS, since the enactment of FELA, no-fault worker’s compensation laws have been adopted by every

state to cover virtually all other American workers; and

WHEREAS, FELA imposes inordinate costs on the railroad industry that serve to put it at a competitive

disadvantage with respect to other transportation modes that are covered by no-fault systems; and

WHEREAS, FELA is characterized by excessive transaction costs, with a large portion of the monies paid

out as compensation going to trial lawyers rather than injured employees; and

WHEREAS, FELA requires both employer and employee to prove the other is at fault following an accident,

therefore creating antagonism between railroads and their workers and a disincentive to the cooperation

necessary to determine the true causes of workplace accidents; and

WHEREAS, because of its reliance on litigation, FELA often creates a disincentive for employees to seek

speedy rehabilitation and return to the job;

NOW THEREFORE, BE IT RESOLVED, that the Legislature of (state) memorialize Congress to repeal

FELA and put the railroad industry under the jurisdiction of the no-fault workers ’ compensation laws of the

several states under the same erms and conditions as are other American workers; and

BE IT FURTHER RESOLVED, that the clerk of the (House of Representatives and Senate) transmit copies

of this resolution to the President of the United States, to the Speaker of the United States House of

Representatives, to the President of the United States Senate, to the Secretary of Transportation of the United

States, and to each Member of the Congress of the United States.

Vohme II: Sourcebook of American State Legislation 1995

374