---
kind: "section"
citation: "45 U.S.C. § 797h"
title: "45"
title_heading: "Railroads"
number: "797h"
heading: "Employee and personal injury claims"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/45/797h"
units:
  - "Chapter 16 — Regional Rail Reorganization"
  - "Subchapter VII — Protection of Employees"
---

# §797h. Employee and personal injury claims

- (a) **Liability for employee claims—** In all cases of claims, prior to April 1, 1976, by employees, arising under the collective bargaining agreements of the [railroads](/usc/45/702.md?p=15) in reorganization in the [Region](/usc/45/702.md?p=17), and subject to [section 153 of this title](/usc/45/153.md), the [Corporation](/usc/45/702.md?p=5), the National [Railroad](/usc/45/702.md?p=15) Passenger [Corporation](/usc/45/702.md?p=5), or an acquiring carrier, as the case may be, shall assume responsibility for the processing of any such claims, and payment of those which are sustained or settled on or subsequent to the date of conveyance, under [section 743(b)(1) of this title](/usc/45/743.md?p=b-1), and shall be entitled to direct reimbursement from the [Association](/usc/45/702.md?p=1) pursuant to [section 721(h) of this title](/usc/45/721.md?p=h), to the extent that such claims are determined by the [Association](/usc/45/702.md?p=1) to be the obligation of a [railroad in reorganization](/usc/45/702.md?p=16) in the [Region](/usc/45/702.md?p=17). Any liability of an estate of a [railroad in reorganization](/usc/45/702.md?p=16) to its employees which is assumed, processed, and paid pursuant to this subsection by the [Corporation](/usc/45/702.md?p=5), the National [Railroad](/usc/45/702.md?p=15) Passenger [Corporation](/usc/45/702.md?p=5), or an acquiring carrier shall remain the preconveyance obligation of the estate of such [railroad](/usc/45/702.md?p=15) for purposes of [section 721(h)(1) of this title](/usc/45/721.md?p=h-1). The [Corporation](/usc/45/702.md?p=5), the National [Railroad](/usc/45/702.md?p=15) Passenger [Corporation](/usc/45/702.md?p=5), an acquiring carrier, or the [Association](/usc/45/702.md?p=1), as the case may be, shall be entitled to a direct claim as a current expense of administration, in accordance with the provisions of [section 721(h) of this title](/usc/45/721.md?p=h) (other than paragraph (4)(A) thereof), for reimbursement (including costs and expenses of processing such claims) from the estate of the [railroad in reorganization](/usc/45/702.md?p=16) on whose behalf such obligations are discharged or paid. In those cases in which claims for employees were sustained or settled prior to such date of conveyance, it shall be the obligation of the employees to seek satisfaction against the estate of the [railroads](/usc/45/702.md?p=15) in reorganization which were their former employers.
- (b) **Assumption of personal injury claims—** All cases or claims by employees or their personal representatives for personal injuries or death against a [railroad in reorganization](/usc/45/702.md?p=16) in the [Region](/usc/45/702.md?p=17) arising prior to the date of conveyance of [rail properties](/usc/45/702.md?p=14), pursuant to [section 743 of this title](/usc/45/743.md), shall be assumed by the [Corporation](/usc/45/702.md?p=5) or an acquiring [railroad](/usc/45/702.md?p=15), as the case may be. The [Corporation](/usc/45/702.md?p=5) or the acquiring [railroad](/usc/45/702.md?p=15) shall process and pay any such claims that are sustained or settled, and shall be entitled to direct reimbursement from the [Association](/usc/45/702.md?p=1) pursuant to [section 721(h) of this title](/usc/45/721.md?p=h), to the extent that such claims are determined by the [Association](/usc/45/702.md?p=1) or its successor authority to be the obligation of such [railroad](/usc/45/702.md?p=15). Any liability of an estate of a [railroad in reorganization](/usc/45/702.md?p=16) which is assumed, processed, and paid, pursuant to this subsection, by the [Corporation](/usc/45/702.md?p=5) or an acquiring [railroad](/usc/45/702.md?p=15) shall remain the preconveyance obligation of the estate of such [railroad](/usc/45/702.md?p=15) for purposes of [section 721(h)(1) of this title](/usc/45/721.md?p=h-1). The [Corporation](/usc/45/702.md?p=5), an acquiring [railroad](/usc/45/702.md?p=15), or the [Association](/usc/45/702.md?p=1), as the case may be, shall be entitled to a direct claim as a current expense of administration, in accordance with the provisions of [section 721(h) of this title](/usc/45/721.md?p=h) (other than paragraph (4)(A) thereof), for reimbursement (including costs and expenses of processing such claims) from the estate of the [railroad in reorganization](/usc/45/702.md?p=16) on whose behalf such obligations were discharged or paid.

## Source credit

(Pub. L. 93–236, title VII, § 709, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 666.)

## Notes

### Statutory Notes and Related Subsidiaries

### Abolition of United States Railway Association and Transfer of Functions and Securities

See section 1341 of this title.