US (United States) Code. Title 45. Chapter 2: Liability for injuries to employees

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Railroads

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  • País: Estados Unidos Estados Unidos
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-CITE-

45 USC CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-MISC1-

Sec.

51. Liability of common carriers by railroad, in

interstate or foreign commerce, for injuries to

employees from negligence; employee defined.

52. Carriers in Territories or other possessions of United

States.

53. Contributory negligence; diminution of damages.

54. Assumption of risks of employment.

54a. Certain Federal and State regulations deemed statutory

authority.

55. Contract, rule, regulation, or device exempting from

liability; set-off.

56. Actions; limitation; concurrent jurisdiction of

courts.

57. Who included in term "common carrier".

58. Duty or liability of common carriers and rights of

employees under other acts not impaired.

59. Survival of right of action of person injured.

60. Penalty for suppression of voluntary information

incident to accidents; separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 721, 1207 of this title;

title 15 section 3901; title 28 section 1445; title 49 section

28103.

-End-

-CITE-

45 USC Sec. 51 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 51. Liability of common carriers by railroad, in interstate or

foreign commerce, for injuries to employees from negligence;

employee defined

-STATUTE-

Every common carrier by railroad while engaging in commerce

between any of the several States or Territories, or between any of

the States and Territories, or between the District of Columbia and

any of the States or Territories, or between the District of

Columbia or any of the States or Territories and any foreign nation

or nations, shall be liable in damages to any person suffering

injury while he is employed by such carrier in such commerce, or,

in case of the death of such employee, to his or her personal

representative, for the benefit of the surviving widow or husband

and children of such employee; and, if none, then of such

employee's parents; and, if none, then of the next of kin dependent

upon such employee, for such injury or death resulting in whole or

in part from the negligence of any of the officers, agents, or

employees of such carrier, or by reason of any defect or

insufficiency, due to its negligence, in its cars, engines,

appliances, machinery, track, roadbed, works, boats, wharves, or

other equipment.

Any employee of a carrier, any part of whose duties as such

employee shall be the furtherance of interstate or foreign

commerce; or shall, in any way directly or closely and

substantially, affect such commerce as above set forth shall, for

the purposes of this chapter, be considered as being employed by

such carrier in such commerce and shall be considered as entitled

to the benefits of this chapter.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 1, 35 Stat. 65; Aug. 11, 1939, ch.

685, Sec. 1, 53 Stat. 1404.)

-MISC1-

AMENDMENTS

1939 - Act Aug. 11, 1939, inserted last par.

SHORT TITLE

The Act of Apr. 22, 1908, as amended, which comprises this

chapter, is popularly known as the "Employers' Liability Act".

The following are also popularly known as Employers' Liability

Acts:

June 11, 1906, ch. 3073, 34 Stat. 232 [Unconstitutional].

Apr. 5, 1910, ch. 143, 36 Stat. 291. See sections 56 and 59 of

this title.

Aug. 11, 1939, ch. 685, 53 Stat. 1404. See sections 51, 54, 56,

and 60 of this title.

-End-

-CITE-

45 USC Sec. 52 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 52. Carriers in Territories or other possessions of United

States

-STATUTE-

Every common carrier by railroad in the Territories, the District

of Columbia, the Panama Canal Zone, or other possessions of the

United States shall be liable in damages to any person suffering

injury while he is employed by such carrier in any of said

jurisdictions, or, in case of the death of such employee, to his or

her personal representative, for the benefit of the surviving widow

or husband and children of such employee; and, if none, then of

such employee's parents; and, if none, then of the next of kin

dependent upon such employee, for such injury or death resulting in

whole or in part from the negligence of any of the officers,

agents, or employees of such carrier, or by reason of any defect or

insufficiency, due to its negligence, in its cars, engines,

appliances, machinery, track, roadbed, works, boats, wharves, or

other equipment.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 2, 35 Stat. 65.)

-End-

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45 USC Sec. 53 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 53. Contributory negligence; diminution of damages

-STATUTE-

In all actions on and after April 22, 1908 brought against any

such common carrier by railroad under or by virtue of any of the

provisions of this chapter to recover damages for personal injuries

to an employee, or where such injuries have resulted in his death,

the fact that the employee may have been guilty of contributory

negligence shall not bar a recovery, but the damages shall be

diminished by the jury in proportion to the amount of negligence

attributable to such employee: Provided, That no such employee who

may be injured or killed shall be held to have been guilty of

contributory negligence in any case where the violation by such

common carrier of any statute enacted for the safety of employees

contributed to the injury or death of such employee.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 3, 35 Stat. 66.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 54a of this title.

-End-

-CITE-

45 USC Sec. 54 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 54. Assumption of risks of employment

-STATUTE-

In any action brought against any common carrier under or by

virtue of any of the provisions of this chapter to recover damages

for injuries to, or the death of, any of its employees, such

employee shall not be held to have assumed the risks of his

employment in any case where such injury or death resulted in whole

or in part from the negligence of any of the officers, agents, or

employees of such carrier; and no employee shall be held to have

assumed the risks of his employment in any case where the violation

by such common carrier of any statute enacted for the safety of

employees contributed to the injury or death of such employee.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 4, 35 Stat. 66; Aug. 11, 1939, ch.

685, Sec. 1, 53 Stat. 1404.)

-MISC1-

AMENDMENTS

1939 - Act Aug. 11, 1939, inserted "where such injury or death

resulted in whole or in part from the negligence of any of the

officers, agents, or employees of such carrier; and no employee

shall be held to have assumed the risks of his employment in any

case" after "of his employment in any case".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 54a of this title.

-End-

-CITE-

45 USC Sec. 54a 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 54a. Certain Federal and State regulations deemed statutory

authority

-STATUTE-

A regulation, standard, or requirement in force, or prescribed by

the Secretary of Transportation under chapter 201 of title 49 or by

a State agency that is participating in investigative and

surveillance activities under section 20105 of title 49, is deemed

to be a statute under sections 53 and 54 of this title.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 4A, as added Pub. L. 103-272, Sec.

4(i), July 5, 1994, 108 Stat. 1365.)

-End-

-CITE-

45 USC Sec. 55 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 55. Contract, rule, regulation, or device exempting from

liability; set-off

-STATUTE-

Any contract, rule, regulation, or device whatsoever, the purpose

or intent of which shall be to enable any common carrier to exempt

itself from any liability created by this chapter, shall to that

extent be void: Provided, That in any action brought against any

such common carrier under or by virtue of any of the provisions of

this chapter, such common carrier may set off therein any sum it

has contributed or paid to any insurance, relief benefit, or

indemnity that may have been paid to the injured employee or the

person entitled thereto on account of the injury or death for which

said action was brought.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 5, 35 Stat. 66.)

-End-

-CITE-

45 USC Sec. 56 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 56. Actions; limitation; concurrent jurisdiction of courts

-STATUTE-

No action shall be maintained under this chapter unless commenced

within three years from the day the cause of action accrued.

Under this chapter an action may be brought in a district court

of the United States, in the district of the residence of the

defendant, or in which the cause of action arose, or in which the

defendant shall be doing business at the time of commencing such

action. The jurisdiction of the courts of the United States under

this chapter shall be concurrent with that of the courts of the

several States.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 6, 35 Stat. 66; Apr. 5, 1910, ch.

143, Sec. 1, 36 Stat. 291; Mar. 3, 1911, ch. 231, Sec. 291, 36

Stat. 1167; Aug. 11, 1939, ch. 685, Sec. 2, 53 Stat. 1404; June 25,

1948, ch. 646, Sec. 18, 62 Stat. 989.)

-COD-

CODIFICATION

The first par. of this section is from act Apr. 22, 1908.

The second par. of this section is from act Apr. 5, 1910.

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, struck out provision in last sentence

relating to removal of actions.

1939 - Act Aug. 11, 1939, changed limitation in first sentence

from two to three years.

-CHANGE-

CHANGE OF NAME

"District court" substituted in text for "circuit court" to

conform to act Mar. 3, 1911, which transferred powers and duties of

circuit courts to district courts.

-MISC2-

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

-End-

-CITE-

45 USC Sec. 57 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 57. Who included in term "common carrier"

-STATUTE-

The term "common carrier" as used in this chapter shall include

the receiver or receivers or other persons or corporations charged

with the duty of the management and operation of the business of a

common carrier.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 7, 35 Stat. 66.)

-End-

-CITE-

45 USC Sec. 58 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 58. Duty or liability of common carriers and rights of

employees under other acts not impaired

-STATUTE-

Nothing in this chapter shall be held to limit the duty or

liability of common carriers or to impair the rights of their

employees under any other Act or Acts of Congress.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 8, 35 Stat. 66.)

-End-

-CITE-

45 USC Sec. 59 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 59. Survival of right of action of person injured

-STATUTE-

Any right of action given by this chapter to a person suffering

injury shall survive to his or her personal representative, for the

benefit of the surviving widow or husband and children of such

employee, and, if none, then of such employee's parents; and, if

none, then of the next of kin dependent upon such employee, but in

such cases there shall be only one recovery for the same injury.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 9, as added Apr. 5, 1910, ch. 143,

Sec. 2, 36 Stat. 291.)

-End-

-CITE-

45 USC Sec. 60 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 2 - LIABILITY FOR INJURIES TO EMPLOYEES

-HEAD-

Sec. 60. Penalty for suppression of voluntary information incident

to accidents; separability

-STATUTE-

Any contract, rule, regulation, or device whatsoever, the

purpose, intent, or effect of which shall be to prevent employees

of any common carrier from furnishing voluntarily information to a

person in interest as to the facts incident to the injury or death

of any employee, shall be void, and whoever, by threat,

intimidation, order, rule, contract, regulation, or device

whatsoever, shall attempt to prevent any person from furnishing

voluntarily such information to a person in interest, or whoever

discharges or otherwise disciplines or attempts to discipline any

employee for furnishing voluntarily such information to a person in

interest, shall, upon conviction thereof, be punished by a fine of

not more than $1,000 or imprisoned for not more than one year, or

by both such fine and imprisonment, for each offense: Provided,

That nothing herein contained shall be construed to void any

contract, rule, or regulation with respect to any information

contained in the files of the carrier, or other privileged or

confidential reports.

If any provision of this chapter is declared unconstitutional or

the applicability thereof to any person or circumstances is held

invalid, the validity of the remainder of the chapter and the

applicability of such provision to other persons and circumstances

shall not be affected thereby.

-SOURCE-

(Apr. 22, 1908, ch. 149, Sec. 10, as added Aug. 11, 1939, ch. 685,

Sec. 3, 53 Stat. 1404.)

-End-