This Article examines the Federal Employers' Liability Act (FELA). The authors chronicle the development of the FELA, and details the inadequacies of the act as a compensation mechanism for injured railroad workers. The authors argue that the FELA is outdated and counter-productive, because recovery under the FELA requires considerable litigation and a large amount of the costs involved are directed to legal fees and administration. The authors further argue that workers' compensation mechanisms are more suitable for railroad workplace injuries and call for the repeal of the FELA.
Victor E. Schwartz & Liberty Mahshigian,
The Federal Employers' Liability Act, a Bane for Workers, a Bust for Railroads, a Boon for Lawyers,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol23/iss1/2