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Federal Employers Liability Act Vs Jones Act All employers are accountable for keeping their employees secure while on the job Workers who work in highrisk fields are held to higher standards of safety Railroad employees are covered under a federal law that is called FELA which allows them to sue their employer for injuries In contrast to state laws on workers compensation FELA demands that injured workers prove that their employers negligence Workers Compensation vs FELA While both workers compensation and FELA seek to indemnify injured workers and push employers to improve safety measures they differ in several important ways These differences include the basis for a claim fault assessment the types and locations of damages as well as how and where the cases are handled A major distinction is that FELA explicitly prohibits employers from taking retaliatory action against employees who make a claim This is a crucial security measure for railroad employees because many are worried that filing an FELA complaint could cause a strain on their relationship and lead to negative outcomes such as demotion or firing Furthermore FELA offers workers a broad range of protections not provided by workers compensation This includes the right to sue in federal court and receive a greater amount It also allows workers to seek damages for emotional distress as well as the loss of wages FELA also protects against injuries and illnesses that are caused by the work environment Another difference is that FELA requires proof of negligence on part of the employer while workers compensation does not This can be difficult for injured workers who must often deal with their employers insurance provider while navigating the complicated legal system Fortunately FELA attorneys with experience can help level the playing field and protect injured workers throughout the process In addition FELA is available to all railroad workers which includes those who operate trains maintain railway equipment and assist in the transportation of freight through international and foreign commerce Workers compensation on the other hand is only accessible to employees of private or stateregulated industries As the name implies workers compensation is a system of benefits that provides injured employees with monetary awards to cover medical expenses as well as other costs arising from an injury or illness that occurs on the job This system is not without its drawbacks which could result in financial instability for workers in the long term Fortunately the FELA provides an alternative by allowing railroad workers who suffer injuries to sue their employer in federal court for workplacerelated 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 know the distinctions between the two laws For instance a claimant cannot receive benefits from workers compensation and then sue his employer under the Jones Act This is because FELA and the Jones Act take into account different factors that are not included in the typical laws governing workers compensation FELA allows railroad workers to claim compensation for suffering and pain and medical bills permanent impairments and loss of enjoyment of living disfigurement and number of other compensatory damages This is a far more generous compensation system than standard workers compensation In addition FELA allows railroad employees to sue their employers in federal courts for negligence The Jones Act on the contrary only permits seamen to bring personal injury lawsuits against their employers The Jones Act is closely modeled on FELA and the Supreme Court has held that an individual who is a plaintiff under the Jones Act can be awarded damages in the event that the injury results in total or in part the negligence of any officer or agents of the defendant The Jones Act provides for benefits of maintenance and cure These benefits are designed to cover immediate medical expenses like hospitalization or surgeries as well as ongoing medical expenses that are reasonable and essential in the circumstances These ongoing medical costs can include travel expenses to out of town medical facilities as well as psychological counseling occupational therapy as well as specialized equipment and nursing care If an employee receives damages under the Jones Act from their employer they must employ an attorney to represent them in the court The lawyers at Johnson Garcia LLP can help people determine if theyre eligible for damages under the Jones Act and help them to make a claim It is important to note that in order to receive damages under the Jones Act a seaman must prove that their injuries were the result of the negligence of their employers acts or omissions The standard of causation for Jones Act claims is higher than the one required for workers compensation under LHWCA FELA in vs State Law Federal law was needed to ensure that injured railroad workers get fair compensation The Federal Employers Liability Act FELA was enacted over a century ago and is the only legal remedy available to railroad workers injured in the course of work who can prove their employers negligence Although the law provides a significant amount of financial assistance however it can be difficult to navigate the complexities of FELA and its requirements Our Tennessee train accident lawyers can assist you in understanding the basic law including the way it relates with state workers compensation laws To be eligible for a FELA claim the injured worker must be engaged in the execution of his or her normal railroad tasks The injury must also be caused through negligence or a breach of safety standards by the railroad To be able to claim full damages the railroad must be found to be at least partially responsible for the injury Historically in the past the FELA definition of actual work has included performing actual railroad tasks and performing actions that are essential to the work This includes getting to and from the job and also traveling between work sites or attending sessions as well as staying in motels when on duty However this has been clarified through United States Supreme Court decisions that require a greater proof of the scope of job to be eligible for FELA benefits The way in which injuries are assessed and compensated is the primary difference between FELA and state workers compensation In FELA cases injured railroad workers are entitled to receive two types of damages past and future earnings These damages are determined by comparing a workers previous and projected future earnings This is done by taking into consideration their age life expectancy and the impact of the injury A worker could be entitled to other damages like discomfort and pain and loss of consortium The financial impact of a FELA injury is much more than a workers compensation case It is essential to understand the differences between FELA as well as workers compensation and other types of insurance This will assist you to make the right choice for your specific situation FELA vs State Workers Compensation The Federal Employers Liability Act FELA provides compensation to railroad employees who suffer injuries during the course of their work FELA replaces workers compensation laws that only apply to those employed by common carriers involved in interstate commerce To be eligible for FELA an injured person must prove that their employers negligent actions caused the injury Finding negligence in a FELA case is a bit more challenging than it is in the case of a workers compensation claim but it is a possibility To win a FELA claim the worker must show that his employer did not adhere to safety protocols or practices and that the negligence led to the injury It can be challenging to prove negligence as it often requires more than the testimony of an injured worker or their medical records The root reason for the injury is also important to take into consideration For instance the inability to adhere to safety guidelines could be a violation of FELA when it was the result of an equipment malfunction which could have been avoided had the maintenance personnel of the company adhered to procedures The method of recovery is another difference between FELA as opposed to workers compensation In a FELA lawsuit the injured worker is able to make a claim directly to the federal or state court system The contesting workers compensation process requires a petition to be submitted with the state workers comp office to be heard in a contested appeal FELA compensation is more substantial and more extensive than workers compensation For instance FELA damages can include money for emotional distress longterm asbestos exposure and repetitive stress injuries Furthermore FELA bypasses the caps on damages that are typically applied in workers compensation cases It is highly recommended that railroad workers who have suffered injuries get legal representation fela lawyer is because filing a FELA lawsuit can be difficult Railroad employers have a vested desire to avoid liability and will do all they can to avoid claims or limit damages This is the reason its crucial that an injured railroad worker receives the guidance of an experienced attorney as soon as possible after a workplace accident