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Federal Employers Liability Act Vs Jones Act Employers are all responsible for keeping their workers secure at work However those who work in highrisk areas are held to stricter standards of safety Railroad employees are covered under a specific federal law known as FELA which permits employees to sue their employers for injury claims Unlike state workers compensation laws FELA demands that injured workers prove that their employers negligence FELA against Workers Compensation Workers compensation and FELA both seek to compensate injured workers and encourage employers to enhance their security measures However they differ in a variety of crucial ways They differ on the basis of the claim fault assessments as well as the types and places of damages and how and where cases are heard One major difference is that FELA explicitly prohibits employers from retaliating against employees who file an FELA claim This is a very important protection for railroad employees because many are worried that filing the possibility of filing a FELA complaint will strain their relationship with the company and could result in negative outcomes such as dismissal or demotion Then FELA provides workers with an array of protections that arent available through compensation This includes the ability to sue in federal court and receive a larger award It also allows workers to seek damages for emotional distress as well as loss of wages In fela lawsuits FELA covers not only injuries but also illnesses that are caused by their work Another distinction is that FELA requires proof of negligence on part of the employer while workers compensation doesnt This can be a challenge for injured workers who often have to deal with their employers insurance provider while navigating the complicated legal system Fortunately FELA attorneys with experience can help level out the playing field and protect injured workers throughout the process FELA also covers all railroad employees who manage trains maintain equipment or support the transportation of goods international and interstate commerce However workers compensation is restricted to employees of private companies or governmentregulated industries Workers compensation as its name suggests is a system that provides monetary compensation to injured employees to help pay medical costs and other expenses due to an injury or illness on the job However the system has serious limitations that could place workers at risk of financial instability in the long term Fortunately the FELA offers an alternative by allowing railroad workers who are injured to sue their employer in federal court for workrelated injuries or illnesses FELA vs Jones Act A worker injured on the job could be entitled to compensation under either FELA or the Jones Act However it is crucial to understand the differences between the two laws A claimant for example cannot receive benefits from workers compensation and also sue his employer under the Jones Act This is because FELA and the Jones Act take into account various factors that arent found in standard workers compensation laws FELA allows railroad employees to make claims for damages such as pain and suffering as well as future and past medical bills permanent impairment loss of enjoyment of life disfigurement and a number of other compensatory damages This is a much more generous compensation system than standard workers compensation FELA also allows railroad employees to sue employers in federal courts for negligence The Jones Act allows only seamen to sue their employers for personal injuries The Jones Act is based on FELA According to the Supreme Court a claimant can receive damages under the Jones Act if their injury was caused by the negligence of officers agents or employees The Jones Act also provides for maintenance and cure benefits These benefits are designed to cover medical expenses that are immediate like hospitalization or surgery as well as ongoing medical expenses that are reasonable and appropriate in the circumstances These ongoing medical expenses could include travel expenses to out of town medical facilities such as physical therapy occupational therapy psychological counselling as well as specialized equipment and nursing care If an employee is awarded damages under the Jones Act their employers must provide them with an attorney to represent the claim in court Johnson Garcia LLPs attorneys can help workers determine whether they qualify for Jones Act damages and assist them in filing an action It is crucial to remember that in order to receive damages a seaman must to prove that the injury was caused by their employers negligence In this way the standard of causation is higher than that required for claims for workers compensation under the LHWCA FELA in vs State Law The fact that railroad workers are exposed to an inherent higher risk of death and injury than the general population has led to the need for a federal law to ensure that injured rail workers get an equitable amount of compensation The Federal Employers Liability Act FELA was created over a century ago and is the only legal recourse for railroad workers injured by their employers who can prove their employers negligence Although the law provides a significant amount of financial aid but it can be difficult to navigate the complexities associated with FELA and its requirements Our Tennessee train accident lawyers can help you know how the law works with state laws on workers compensation To be eligible to file a FELA case the person who was injured must be performing the railroads normal duties The injury must also have been caused through negligence or a breach of safety standards on the part of the railroad To be awarded full damages the railroad must have been determined to be at most partially accountable Historically historically the FELA definition of actual work has included the actual performance of railroad tasks and performing actions that are essential to the work This includes going to and from work as well as moving between work sites as well as attending sessions and sleeping in motels while on duty This has been clarified in recent Supreme Court decisions that require a greater demonstration of the extent of work to be eligible for FELA The manner in the way injuries are assessed and compensated is the primary difference between FELA and state workers compensation In FELA cases railroad workers who are injured may receive two types of damages that are the past and projected earnings These damages are determined by comparing a workers past and anticipated future earnings This is done by taking into consideration their age expected life expectancy and the impact of the injury In addition to these economic damages a person may also be eligible for noneconomic damages such as pain and suffering and loss of consortium As a result the financial impact of an FELA injury can be much more substantial than a workers comp case It is crucial to understand the differences between FELA as well as workers compensation and other types of insurance This will assist you to make the best decision for your situation FELA vs State Workers Compensation The Federal Employers Liability Act FELA provides compensation to railroad workers who suffer injuries in the course of their job FELA replaces workers compensation laws that only apply to those who work for common carriers involved in interstate commerce To be eligible for FELA an injured person must show that their employers negligence contributed to the injury Finding negligence in a FELA case is a bit more difficult than in workers compensation claims however it is still possible To prevail in a FELA case the worker must prove that their employer breached their obligation to provide a safe working environment by not adhering to safety protocols and practices or that the failure resulted in the injury The process of proving negligence can be challenging as it usually requires evidence beyond an injured workers own testimony or medical records The root reason for the injury is also important to take into consideration For example the failure to adhere to safety protocol could be a violation of FELA when it was caused by an equipment malfunction which could have been avoided had the companys maintenance staff adhered to procedures The method of recovering is an additional difference between FELA and workers compensation In a FELA case an injured worker can file a lawsuit with the state or federal courts The disputebased workers compensation procedure requires a petition to be submitted to the state workers compensation office for a contested appeal hearing FELA compensation is more than workers compensation and it provides more comprehensive coverage FELA damages for example could include funds to pay for emotional distress longterm asbestos exposure and repetitive stress injuries Furthermore FELA bypasses the caps on damage awards which are usually used in workers compensation cases It is highly recommended that railroad workers who have been injured seek legal representation This is because filing a FELA lawsuit can be difficult Railroad employers are driven to protect themselves from liability and will do whatever they can to restrict or deny claims It is essential that any railroad worker who is injured seeks legal guidance as soon as it is possible