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45 U.S.C. § 55Contract, rule, regulation, or device exempting from liability; set-off

submitted 118 years ago by ch. 149 to r/title-45-RAILROADS · 108 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law voids any contract or rule that tries to let a railroad avoid liability under this chapter. But a railroad being sued can subtract money it already paid the worker through insurance or relief benefits.

This section stops railroads from trying to write their way out of liability, but lets them subtract certain payments already made. First, any contract, rule, regulation, or device whose purpose is to let a common carrier escape liability created by this chapter is void, it has no legal effect, to that extent. Second, there's an exception in the carrier's favor: in a lawsuit brought against a common carrier under this chapter, the carrier may set off (subtract from any damages owed) any amount it already contributed or paid, through insurance, a relief benefit, or an indemnity, to the injured employee, or to whoever else was entitled to it, on account of the same injury or death that the lawsuit is about.
the actual law source: uscode.house.gov ↗public domain

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 credit: (Apr. 22, 1908, ch. 149, § 5, 35 Stat. 66.)

history & why it existsrecord from the source credit
  • 1908Enacted · Act of Apr. 22, 1908, ch. 149 · 35 Stat. 66

A history note hasn’t been published yet. The record shows enactment by ch. 149 on 1908-04-22.

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