§51 — Title 45 Railroads | U.S. Code

Summary

Railroad companies that do business between states, territories, the District of Columbia, or foreign countries must pay money to a worker who is hurt while working in that business. If the worker dies, the company must pay the worker’s personal representative so the money benefits a surviving spouse and children; if none, then the parents; if none, then the next of kin who depended on the worker. The company must pay when the injury or death was caused, in whole or in part, by negligence of its officers, agents, or employees, or by defects the company caused in its equipment (for example, cars, engines, machinery, tracks, roadbeds, boats, or wharves). Employee: anyone whose job helps or directly and substantially affects interstate or foreign commerce; such workers are treated as working in that commerce and get these benefits.

Title 45, §51

Railroads — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Statutory Notes and Related Subsidiaries

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 section 56 and 59 of this title. Aug. 11, 1939, ch. 685, 53 Stat. 1404. See section 51, 54, 56, and 60 of this title.

§51 Liability of Common Carriers by Railroad, in Interstate or Foreign Commerce, for Injuries to Employees From Negligence; Employee Defined