An Evaluation of the Federal Employers' Liability Act
Phillips, Jerry J.
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- 2016Noice v. BNSF Ry. Co. N.M.
- 2016Noice v. BNSF Railway Co. N.M.
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Abstract
In this Article, Professor Phillips addresses the attacks leveled at the Federal Employers Liability Act (FELA) which contend that the Act should be replaced with some sort of federal or state no-fault workers' compensation system. The author reviews available date regarding the Act and contends that the charges are unsupported. After noting the positive aspects of FELA and the shortfalls of state and federal workers' compensation systems, the author concludes FELA sufficiently addresses the concerns workers involved in railroad injuries. The real issue is whether the railroad should escape liability for such injuries.
The author concludes that it should not.