How FELA And The Jones Act Are Related

Railroad workers are not the only employees who have received special protection because of the dangerous nature of their occupation.  Just as railroad workers have the Federal Employers Liability Act (FELA) of 1908 to provide protection, recourse for filing FELA lawsuits to obtain compensation for injuries from railroad worker accidents and greater safety on the job, the Jones Act has accomplished similar results in the maritime industry.  Formally known as the Merchant Marine Act of 1920, the Jones Act merely codified a common law and maritime practice of protecting seaman who have generally been unprotected by other means. 

Indeed, FELA and the Jones Act have very similar statutes, providing the opportunity for those injured as a result of maritime negligence the same opportunity to file claims for compensation as victims of railroad worker accidents have to file FELA lawsuits.  The terminology may be different, but the protections are similar, providing “maintenance and cure,” which is the same as room and board, as well as medical care and lost wages for the duration of their “unseaworthiness.” 

Compensation for Unseaworthiness
When railroad worker accidents cause employees to require compensation and medical care, the FELA Act allows them to retain attorneys to prove negligence on the part of the railroad.  In maritime law, those same principles are followed under the Jones Act. 

In the railroad industry, FELA lawsuits were strengthened with the principal of “featherweight” burden of proof to make it easier for victims of railroad worker accidents to file claims That means that if a FELA attorney can prove that the defendant has some degree of negligence leading to railroad worker accidents, the attorney will win their their client compensation and damages for railroad worker accidents.  Maritime law has built the same principle into the Jones Act, and courts readily comply with allowing a lighter burden of proof in maritime personal injury lawsuits.

In addition, FELA lawsuits are guided by the principle of comparable negligence rather than contributory negligence, providing the opportunity for victims of railroad worker accidents to file lawsuits even if the employee is found to have a percentage of faults in railroad worker accidents.  Rather than losing the opportunity to file  lawsuits, FELA attorneys can still obtain a percentage of damage awards equal to the percentage of negligence assigned to the railroad company in cases for railroad worker accidents.  That principle is adhered to in principle in Jones Act cases, as well.

Increased FELA Safety Benefits
The primary difference between FELA statutes and those of the Jones Act lie in the benefits to workplace safety resulting from FELA lawsuits argued and won over railroad worker accidents.  The railroad industry was plagued by railroad worker accidents throughout its history.  Once attorneys began filing and winning these types of lawsuits, the inevitable result was that railroad companies found it was to their benefit to improve workplace safety standards and maintenance rather than facing lawsuits that required them to pay numerous compensation awards for railroad worker accidents.  Some of the principles adopted and later codified in the railroad industry by OSHA laws and others, and constantly reinforced by FELA attorneys , include the need for railroad companies to

• Provide a reasonably safe workplace to avoid railroad worker accidents
• Inspect the workplace regularly to eliminate safety hazards
• Provide improved training and supervision to avoid railroad worker accidents
• Provide regular supervision and awareness of intentionally harmful interaction between employees that might cause railroad worker accidents
• Strengthen the enforcement of safety standards
• Eliminate dangerous quotas and deadlines that can lead to railroad worker accidents

While railroad worker accidents still occur, there are greater safety standards and greater oversight of those standards as a result of awsuits.  The maritime industry has not been as guilty of unsafe work environments, but it is inevitable that the Jones Act has produced similar safety incentives as FELA lawsuits.

Resolving Employee Lawsuits
Most FELA attorneys file to resolve these claims to be settled out of court, maritime suits can reach pretrial settlements as well.  Skilled attorneys can negotiate advantageous settlements without ever facing a judge and jury.  If those negotiations fail, however, FELA attorneys must be experienced litigators willing to take their FELA lawsuits to court in hopes of winning large settlements for railroad worker accidents.