What is the F.E.L.A?

The Federal Employers Liability Act was the basis for the Jones Act. In 1920 Congress extended the F.E.L.A. to seamen (see Chapter on Who is Covered) in what is now called the Jones Act. The law was intended to cover railroad workers. It never covered federal employees. The Federal Employees Compensation Act covers federal employees. That's some government double talk isn't it?

Since the Jones Act incorporates portions of the F.E.L.A. there is little reason to look at both the F.E.L.A. and the Jones Act. The only importance of the F.E.L.A. is historical and to explain why the worker may hear this term used in connection with their Jones Act claim. While it is still possible for someone to use this term in talking to injured workers, the only benefit would be to confuse the worker or attempt to gain some type of advantage against the worker. It would be wise to contact a Jones Act lawyer if this term comes up in any discussions the worker may have with this employer.

Workers compensation benefits are generally less that what an injured worker would collect under F.E.L.A. The F.E.L.A. law requires that the injury be proven railroad negligence by the actions of other railroad employers and/or contractors. If it is determined that the injured worker is at fault, they may still be entitled to a percentage of the damages.

Damages that may be recovered include: past or future earnings, medical expenses, decreased earning power, and pain and suffering. Due to statue of limitations one must file their claim within three years from the date of injury or death.

F.E.L.A. outlines the rights of the railroad workers which includes: prohibition of the company taking action against employees who use their rights and from intimidating witness, railroad worker has the right to legal counsel and to sue for fair compensation for their injury.

Along with railroad workers rights, the railroad companies have obligations to the employee such as: duty to inspect, guard against intentional acts, warn, to provide training, to provide supervision and help with job functions, provide safe equipment and tools, enforce safety or department rules, avoid unreasonable work quotas, provide safer methods for task, and climatic conditions within reason (i.e. shoving snow and putting down salt or sand).

Let Us Help You

No matter where you live, the lawyers and attorneys at the Ogletree Abbott Law Firm can help you get the help you need. If you would like, a lawyer or an attorney can contact you to answer your questions. There is no obligation and the initial phone call is always free of charge. Call toll free 1-800-Jones-Act (1-800-566-3722). You may send us an email. Call today and let us help you with your F.E.L.A claim.