Part 3 - Federal Employer's Liability Act

F.E.L.A. and the Jones Act

The Federal Employees’ Liabilities Act was originally written to provide some protection for railroad workers due to the importance of transportation in general and the role of railroads in particular.  The F.E.L.A. provides for compensation to injured railroad workers who can prove that their employer was negligence in the cause of their injuries. 

Similarly, the United States Government also came to realize that maritime workers need protection due to their importance in transportation to the interests of the United States.  Therefore, in  1920 Congress extended the protections of the F.E.L.A. to seamen who had been previously protected under common law only. 

The Jones Act allows qualifying seamen the same protections afforded to U.S.  Railroad employees under the F.E.L.A.  (Federal Employers' Liabilities Act).  In addition, maritime law continues to recognizes some common law  principles, such as maintenance and cure for the benefit of maritime workers.

The following statutory provisions show the connection between the F.E.L.A. and the Jones Act.

46 USCS Appx § 688 Title 46.  Appendix.  Shipping Chapter 18.

§ 688.  Recovery for injury to or death of seaman

(a) Application of railway employee statutes; jurisdiction.  Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable.  Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located."