THE FELA & JONES ACT IN JEOPARDY

George W. Bush has just been elected to a second term in office and his re-election could have a devastating impact on workers in this country who face our most dangerous jobs everyday. They are longshoremen and railroad workers who are protected by a set of Federal laws because of their dangerous occupations and there is real fear that the Republican led federal government may make moves to repeal protections that have stood in place for these employees for hundreds of years.

There are two very strong federal acts that protect railroad workers & longshoremen in the United States. They are the Federal Employee Liability Act and the Jones Act respectively. Both are very strong federal laws that allow these workers to be compensated for injuries sustained during the course of their dangerous jobs. Unlike worker compensation laws, railroad and longshoremen workers can be compensated for pain & suffering, lost wages & future lost wages.

Unfortunately there are strong lobbying efforts by the large railroad & shipping companies to have these acts repealed. They are trying to make a case that the jobs these men and women face each day have become safer. Although it is clear that the jobs have not become safer, these large corporations are creating statistics that are not accurate with regards to the numbers of injuries that occur each year. Employees are being steered away from reporting injuries in many different ways and it is important that these biased statistics not be used to repeal the two strongest federal liability acts that protect these workers in the United States.

Railroad workers and Longshoremen are the very people that help transport the energy and goods we use everyday. Without them the United States would come to a standstill and they risk their health each and every day by working in very hazardous conditions. If these workers were not protected then it would be difficult to recruit new employees & ultimately cause more problems for the businesses that employ them.

The Federal Employee Liability Act or FELA, as it is referred to by those familiar with it, is under attack by railroad companies like CSX, Union Pacific, Norfolk Southern & others. Although they believe that showing statistical data of fewer injuries each year on the railroad will help them have the FELA repealed, I am convinced that this would actually do more harm than good to the railroad in the long run. Their biggest asset is their employees and it should be understood that if these men and women are expected to face these dangerous jobs everyday without some sort of protection then the railroad companies would be forced to pay higher salaries, recruit less qualified people & pay much higher benefit and recruiting costs. All of this would be at the expense of their own employee’s health. The FELA is an excellent federal law that should be kept in full force for the benefit of the railroad company’s shareholders and their employees. Many of these employees are banded together in the Brotherhood of Local Engineers, BLE, or the United Transportation Union, UTU. With the support of designated legal counsel, Union officials and the public at large, I am hopeful we can protect the FELA.

The Jones Act was enacted in 1920 to protect injured seamen and it is actually a derivative of the original Federal Employee Liability Act. The Jones Act also obligates the United States government to keep and maintain a fleet of ships staffed by U.S. crews. For many years, prior to 1920, injured seamen relied upon Maritime Law for their recovery. Maritime law or admiralty law is a mixture of common law, traditions and practices adopted by ancient seafaring nations, and incorporated into the American legal system over time.

The Jones Act provides protection in two fashions. The first is Transportation and Wages. If a seaman is injured during the course of work then he is entitled to full payment of compensation and wages until such time that his or her voyage in complete. Secondly the seaman is entitled to Maintenance and Cure which means the seaman should be compensated until such time that he or she has reached maximum medical improvement. In addition the seaman is entitled to compensation for pain & suffering and lost wages.

As one can imagine, working at sea can be very dangerous. Once a voyage in underway the weather can play an uncontrollable role in the working conditions that seamen face. For these reasons in is critical that the Jones Act stay in full force to protect these workers. Many of these workers have banded together in Unions such as the International Longshore & Warehouse Union or ILWU. Their strength along with the general public’s knowledge and support of the Jones Ace will go a long way in protecting these dedicated workers into the future.

There are many resources that can help injured workers including financial companies that provide low cost pre settlement funding using a FELA or Jones Act legal claim as collateral for a cash advance. Global Financial provides their lowest rates to members of the ILWU, UTU and BLE unions.

In conclusion, the FELA and Jones Act are under fire and with a Republican President like George W. Bush, who has just been elected to a second term, it is important that we all band together to protect the rights of railroad and seamen workers.

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