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Federal Employers Liability Act Vs Jones Act Every employer has a responsibility to keep their employees protected 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 allows them to sue their employer for injury claims Contrary to state workers compensation laws FELA requires injured workers to prove that their employers negligence Workers Compensation vs FELA Workers compensation and FELA both seek to compensate injured workers and to encourage employers to improve 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 the cases are handled The FELA prevents employers from retaliating on employees who file a claim This is an important security measure for railroad employees because many are worried that pursuing a FELA claim will taint their relationship with their employer and lead to negative consequences such as demotion or termination Second FELA offers workers a wide range of protections that are not covered by workers compensation This includes the ability to sue federal courts and receive a higher amount Workers can also seek damages for emotional distress as well as lost wages Additionally FELA covers not only injuries but also illnesses caused by their work Workers compensation does require evidence of negligence from the employer FELA does not This can be difficult for injured workers who are often dealing with their employers insurance provider while navigating the complex legal system Fortunately FELA attorneys with experience can help level the playing field and help protect injured workers throughout the process Finally FELA is available to all railroad workers including those who operate trains or maintain railway equipment and assist in the transportation of freight interstate and foreign commerce In contrast workers compensation is only available to employees of private firms or stateregulated industries Workers compensation as the name implies is a program that offers monetary awards for injured employees to pay medical costs and other expenses as a result of an injury or illness on the job However the system has significant limitations that can put workers at risk for financial instability in the future Fortunately the FELA provides a different option to this system by allowing injured railroad workers to sue their employers in federal court for workplacerelated injuries and illnesses FELA vs Jones Act A worker injured while working may be entitled to compensation under either FELA or the Jones Act It is important to know the distinctions between these two pieces legislation A claimant for example cannot receive benefits from workers compensation and sue his employer under the Jones Act This is because FELA and the Jones Act take into account various factors that arent included in the traditional laws regarding workers compensation 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 far more generous system of compensation than standard workers compensation Additionally FELA allows railroad employees to sue their employers in federal courts for negligence The Jones Act on the other hand only allows seamen to bring personal injury lawsuits against their employers The Jones Act is based on FELA According to fela settlements a claimant can receive damages under the Jones Act if their injury was caused by the negligence of the agents officers or employees The Jones Act also provides for maintenance and cure benefits These benefits are designed to cover immediate medical expenses like hospitalization or surgery as well as ongoing medical expenses that are reasonable and appropriate in the context These ongoing medical expenses may include travel costs for outoftown medical facilities physical and occupational therapy psychological counseling special equipment as well as nursing care If an employee is awarded damages under the Jones Act their employers must provide an attorney to represent them in the court Johnson Garcia LLPs attorneys can assist employees in determining if they are eligible for Jones Act damages and assist them in filing an action It is important to keep in mind that in order to claim damages the seaman has to prove that the injury was caused by their employers negligence In this way the threshold of causation is higher than the one required for claims for workers compensation under the LHWCA FELA Vs State Law The fact that railroad workers are exposed to an inherent higher danger of being injured and dying than the general population sparked the need for federal law to ensure that injured rail workers receive fair compensation Federal Employers Liability Act or FELA was passed more than 100 years ago It is the only legal recourse for injured railroad workers who can prove negligence on behalf of their employers While the statute provides an extensive amount of financial aid it can be very difficult to understand the complexities associated with FELA and its requirements Our Tennessee train accident lawyers can help you know how the law works with the states workers compensation laws To qualify for a FELA claim the injured worker must be engaged in the course of performing his or her normal railroad duties The injury must also have been caused through negligence or a breach of safety standards on the part of the railroad To be able to claim full damages the railroad has to be proven to be at least partially responsible for the accident Historically the FELA has defined actual work as performing actual railroad tasks or performing activities that are essential to this work This includes preparing for work and getting to and leaving the job site and back but it also includes things like travel between work sites attending training sessions and staying in motels when on duty This has been clarified in recent Supreme Court decisions that require a greater demonstration of the nature of employment in order to be eligible for FELA The manner in the way injuries are assessed and compensated is the major difference between FELA and state workers compensation In FELA cases railroad workers who suffer injuries can receive two types of damages which are past and projected earnings These damages are calculated by comparing a workers past and projected future earnings This is done while taking into account their age expected life expectancy and the consequences of the injury A worker could be entitled to other damages including pain and discomfort and loss of consortium The financial consequences of a FELA injury is significantly greater than a workers compensation claim It is crucial to be aware of the differences between FELA workers compensation and other kinds of insurance This will assist you to make the right decision for your specific situation FELA Vs State Workers Compensation The Federal Employers Liability Act FELA was enacted in 1986 is a law that provides compensation for railroad workers who are injured while on the job FELA replaces workers compensation laws that only apply to employees who work for common carriers engaged with interstate commerce To qualify for FELA an injured person must prove that their employers negligence caused the injury Finding negligence in the context of a FELA case is a bit more challenging than it is in the case of a workers compensation claim but it is a possibility In order to win a FELA case a worker must demonstrate that their employer breached its obligation to provide a safe work environment by failing to follow safety protocols and practices or that the breach resulted in the injury Proving negligence can be difficult because it often requires evidence beyond the workers own statements or medical records The underlying cause of the injury is also crucial to consider The failure to adhere to safety protocols could be a violation under FELA in the event that the accident was caused by an issue with equipment which could have been prevented if the companys staff had adhered to the safety procedures Another difference that is different between FELA and workers compensation is the method of recovering In the case of a FELA case the injured worker could bring a lawsuit to the state or federal courts The contested workers comp process involves filing an application for a contested hearing to the state workers comp office FELA compensation is greater than that of workers compensation and also includes more extensive coverage For instance FELA damages can include compensation for emotional distress asbestosrelated longterm exposure and repetitive stress injuries Additionally FELA bypasses the caps on damages that are commonly used in workers compensation cases Because of the complexities involved when the process of filing a FELA claim it is highly recommended that injured railroad workers seek experienced legal representation Railroad employers have a vested interest in avoiding liability and will do everything they can to avoid claims or limit damages This is why its essential that injured railroad workers receives the guidance of an experienced lawyer immediately following a workplace accident