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Federal Employers Liability Act Vs Jones Act All employers are responsible for keeping their workers secure while on the job Workers who work in areas with high risk are held to higher standards of safety Railroad employees are protected by the federal law known as FELA This allows them to pursue claims for injuries Unlike the state laws on workers compensation FELA requires injured workers to prove that their employers negligence FELA against Workers Compensation While both workers compensation and FELA seek to indemnify injured workers and push employers to improve security measures they differ in several important ways These differs include the basis for claims the determination of fault and the types of damages that can be awarded and the way in which cases are decided A major distinction is that FELA specifically prohibits employers from punishing employees who make an FELA claim This is an important safeguard for railroad workers since many are concerned that filing an FELA claim will taint the relationship between them and their employer and lead to negative consequences like being fired or demotion Then FELA provides workers with many protections that are not offered through workers compensation These include the ability to sue their employer in federal court and an opportunity to win higher compensation Additionally workers can seek damages for emotional distress as well as the loss of wages FELA also protects against injuries and illnesses that result from the workplace environment Workers compensation does require proof of negligence by the employer FELA does not This can be challenging for injured workers who are often dealing with their insurance companys insurer while navigating the complex legal system Fortunately knowledgeable FELA attorneys can help level the playing field and ensure that injured workers are fully protected throughout the process FELA also covers all railroad employees who manage trains maintain equipment or support the transportation of goods via interstate and international commerce Workers compensation on the other hand is only accessible to workers of stateregulated or private industries Workers compensation as the name implies is a program which provides financial compensation for injured employees to pay medical bills and other expenses because of an injury or illness on the job However this system comes with important limitations that could put workers at risk for financial instability in the future Fortunately the FELA offers an alternative by allowing railroad employees who are injured to sue their employer in federal court for workplacerelated injuries or ailments FELA vs Jones Act A worker who is injured on the job could be entitled to compensation under either FELA or the Jones Act It is essential to understand the differences between these two pieces of legislation For instance a claimant cannot receive benefits from workers compensation and also sue their employer under the Jones Act at the same at the same time This is because FELA and the Jones Act take into account different factors that are not present in typical laws governing workers compensation FELA allows railroad workers to claim compensation for suffering and pain and medical bills permanent impairments or loss of enjoyment living disfigurement and a variety of other compensatory damages This system is much more generous than 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 injury The Jones Act is based on FELA According to the Supreme Court a claimant may be awarded damages under the Jones Act if their injury was the result of the negligence of the agents officers or employees The Jones Act provides for benefits of maintenance and cure These benefits are designed to cover immediate medical expenses like hospitalization or surgery as in addition to ongoing medical expenses that are reasonable and essential under the circumstances fela settlements could include travel costs to out of town medical facilities physical therapy psychotherapy occupational therapy specialized equipment and nursing care If an employee is awarded damages under the Jones Act from their employer they must hire an attorney to represent him in the court The lawyers of Johnson Garcia LLP can help workers determine whether they are eligible for damages under the Jones Act and help them to file an action It is important to remember that in order to receive damages a seaman will need to prove that the injury was the result of their employers negligence The standard of causation for Jones Act claims is higher than the one required for workers compensation under LHWCA FELA Vs State Law Railroad workers are exposed to an inherent risk of injury and death than the rest of the workforce sparked the need for federal law to ensure that injured railroad workers get the right amount of compensation Federal Employers Liability Act also known as FELA was passed over 100 years ago It is the sole legal remedy for railroad workers injured in the course of work who prove negligence on behalf of their employers The FELA statute provides a great deal of financial aid but it can be difficult to navigate its requirements and the complexities Our Tennessee train accident lawyers can assist you to know how the law works with the states workers compensation laws To be eligible to file a FELA claim an injured worker must be in the course of performing the railroads normal tasks 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 however the railroad must be determined to be at most partially accountable Historically the FELA definition of actual work has included performing actual railroad tasks and performing activities that are necessary to the work This includes not only going to and returning from work and also moving between work sites as well as attending sessions and staying in motels when on duty However this has been clarified through United States Supreme Court decisions that now require a greater proof of the scope of work to be eligible for FELA benefits The primary difference between FELA and state workers compensation is the way that injuries are evaluated and compensated In FELA cases injured railroad workers have the right to receive two kinds of damages which are future and past earnings These are calculated by comparing a workers prior and expected future earnings taking into consideration their age expected lifespan and the impact of the injury on their life time A worker may be entitled to noneconomic damages as well including pain and discomfort and loss of consortium The financial consequences of an FELA injury is far higher than a workers compensation case It is essential to know the distinctions between FELA as well as workers compensation and other kinds of insurance This will help you make the right decision for your specific situation FELA against State Workers Compensation The Federal Employers Liability Act FELA which was enacted in 1986 provides compensation for railroad workers injured on the job FELA replaces and replaces workers compensation laws which apply only to employees of common carriers that are involved in interstate commerce To qualify for FELA an injured worker must demonstrate that the negligence of their employer caused the injury The process of proving negligence in a FELA case is a little more challenging than it is in a workers compensation claim but it is possible To be successful in a FELA claim a worker must demonstrate that the employer did not follow safety guidelines or standards and that this failure caused the injury It can be difficult to prove negligence as it usually requires more than just the testimony of the injured worker or their medical documents It is also important to examine the root cause of an injury For instance 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 by the maintenance staff of the company adhered to the guidelines Another difference that is different between FELA and workers compensation is the method of recovering In a FELA lawsuit the injured worker is able to submit a lawsuit directly to the state or federal court system The disputebased workers compensation process involves submitting a petition for a contested hearing with the state workers compensation office FELA compensation is more than workers comp and it includes more comprehensive coverage For instance FELA damages can include money for emotional distress longterm asbestos exposure and repetitive stress injuries Furthermore FELA bypasses the caps on damages which are usually used in workers compensation cases Because of the complexity involved with the process of filing an FELA claim It is highly advised that railroad workers injured seek legal advice from an experienced attorney Railroad employers have a strong interest in avoiding liability and they will do everything 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 an incident at work