Section 1.32 Chapter 22—Federal Employers’ Liability Act, Jones Act, and Longshore and Harbor Workers’ Compensation Act

• Library: Tort Law 2016

D. (§1.32) Chapter 22—Federal Employers’ Liability Act, Jones Act, and Longshore and Harbor Workers’ Compensation Act

In Chapter 22, the authors discuss the three federal statutes—FELA (Federal Employers’ Liability Act), the Jones Act, and the Longshore and Harbor Workers’ Compensation Act—that govern the recovery of damages for work-related injuries sustained by railroad employees, seamen, and longshore and harbor workers, respectively. The Longshore Act is a workers’ compensation act similar to that found in Missouri. FELA and the Jones Act, however, are not workers’ compensation acts in the traditional sense, but rather provide for the recovery of damages against the respective employers only in instances in which the employer has been negligent. Each of these Acts provides for civil actions to be tried in either state or federal court before a jury. Questions of substance are governed by federal law, but questions of procedure are...