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Federal Employers Liability Act Vs Jones Act Every employer is responsible for keeping their workers secure on the job However those working in highrisk industries are held to higher standards of safety Railroad employees are protected under the federal law known as FELA This allows them to pursue claims for injuries Unlike state workers compensation laws FELA requires injured workers to prove that their employers negligence Workers Compensation vs FELA While both workers compensation and FELA seek to compensate injured workers and encourage employers to improve security measures they differ in several important ways These differences include the basis for an claim fault assessment the types and locations of damages as well as how and where cases are decided A significant difference is that FELA specifically prohibits employers from taking retaliatory action against employees who make a claim This is an important security measure for railroad employees as many fear that pursuing the possibility of filing a FELA complaint could cause a strain on their relationship with the company and could result in negative consequences like dismissal or demotion Then fela lawyers provides workers with a wide range of protections that arent available through compensation This includes the right to sue in federal court and receive a greater award Workers can also seek damages for emotional distress as well as lost wages In addition FELA covers not only injuries but also illnesses caused by their work Another distinction is that FELA requires evidence of negligence on the part of the employer while workers compensation doesnt It can be a challenge for injured workers to navigate the legal system and deal with their employers insurance company Fortunately knowledgeable FELA attorneys can help level the playing field and ensure that injured workers are protected throughout the process Finally FELA is available to all railroad employees including those who manage trains and maintain equipment for railways and support the transportation of freight international and domestic commerce Workers compensation however is only accessible to employees of stateregulated or private industries As the name suggests workers compensation is a type of benefits that provides injured employees with monetary awards to pay medical bills and other expenses arising from an injury or illness that occurs on the job This system has its drawbacks which could lead to financial instability for workers in the long run Fortunately the FELA provides an alternative by allowing railroad employees who are injured to sue their employer in federal court for workplacerelated injuries or illnesses FELA vs Jones Act Workers who suffer injuries on the job can be entitled to compensation under the FELA or Jones Act However it is important to understand the differences between these two pieces of legislation For example a claimant cannot receive benefits from workers compensation and sue their employer under the Jones Act at the same simultaneously This is because FELA takes into account factors that arent present in the standard laws governing workers compensation FELA allows railroad workers to claim damages for suffering and pain and medical bills permanent impairments and loss of enjoyment of living disfigurement and a range of other compensatory damages This is a more generous compensation system than the 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 suits 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 if the injury results in whole or in part from the negligence of any officer agents or employees of the defendant The Jones Act also provides for maintenance and cure benefits These benefits are designed to cover medical expenses that are immediate such as hospitalization and surgery as and ongoing medical expenses that are reasonable and appropriate in the circumstances These ongoing medical costs could include travel expenses to out of town medical facilities such as physical therapy psychotherapy occupational therapy 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 them in court Johnson Garcia LLPs lawyers can help workers determine whether they qualify for Jones Act damages and assist with filing an action It is important to remember that in order to claim damages under the Jones Act a seaman must prove that their injuries were caused by their employers negligent acts or omissions In this way the requirement of causation is higher than that required for workers compensation claims under the LHWCA FELA vs State Law Railroad workers are exposed to an increased risk of death and injury than other workers sparked the need for federal law to ensure that injured railworkers get fair compensation The Federal Employers Liability Act FELA was established over a century ago and is the sole legal remedy available to railroad workers injured by their employers who can prove their employers negligence The FELA statute offers a lot of financial assistance but it can be a challenge to understand its requirements and the complexities Our Tennessee train accident lawyers can help understand how the law compares with state workers compensation laws To qualify to file a FELA claim a injured worker must be engaged in the performance of his or her usual railroad duties Moreover the injury must be the result of the railroads negligence or violation of a safety rule To be able to claim full compensation the railroad has to be proven to have been at least partially responsible for the accident Historically the FELA definition of actual work has included performing actual railroad tasks and performing acts necessarily incidental to such work This includes getting to and from the job but also moving between work sites attending sessions and sleeping in motels while on duty However this has been clarified by United States Supreme Court decisions which now require a greater proof of the scope of employment to qualify for FELA benefits The method by which injuries are assessed and compensated is the major difference between FELA and state workers compensation In FELA cases railroad workers who are injured are entitled to two types of damages which are future and past earnings They are determined by comparing the workers prior and anticipated future earnings taking into consideration their age their expected working life and the impact of the accident on their life time In addition to the economic damages a worker may also be eligible for noneconomic damages like pain and suffering as well as loss of consortium This means that the financial consequences of an FELA injury could be more substantial than a workers comp case It is essential to know the distinctions between FELA workers compensation and other types of insurance This will help you make the best decision for your situation FELA Vs State Workers Compensation The Federal Employers Liability Act FELA provides compensation to railroad employees who get hurt during the course of their work FELA replaces workers compensation laws which only apply to those who work for common carriers engaged with interstate commerce To qualify for FELA the injured worker must show that their employers negligent actions contributed to the injury It is more difficult to prove negligence in a FELA claim than in the case of workers compensation but it can be accomplished In order to win a FELA case a worker must show that their employer violated its duty to provide a safe working environment by not following safety protocols and practices or that the failure resulted in the injury It can be challenging to prove negligence since it often requires more than just the testimony of the injured worker or their medical documents The underlying reason for the injury is also crucial to take into consideration For example the failure to follow safety protocols may be an offense under FELA if it was caused by an equipment malfunction that could have been prevented had the companys maintenance staff adhered to the procedures The method of recovery is an additional difference between FELA and workers compensation In the case of a FELA lawsuit an injured worker can file a lawsuit directly with the state or federal court system Contrary to that the contested workers comp process involves filing a petition for a contested hearing to the state workers comp office FELA compensation is more than that of workers compensation and it includes more comprehensive coverage FELA damages for example could include funds to compensate for emotional distress longterm asbestos exposure and repetitive stress injuries FELA also bypasses the damage caps that are usually applied in workers comp cases Because of the complexities involved when the process of filing the FELA claim it is highly recommended that injured railroad workers seek out experienced legal counsel Railroad employers have a strong desire to avoid liability and will do all 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 an incident at work