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Federal Employers Liability Act Vs Jones Act All employers have a responsibility to keep their employees safe at work However those who work in highrisk industries are required to adhere to higher standards of safety Railroad employees are covered by a federal law that is called FELA which allows them to sue their employer for injury claims Contrary to state workers compensation laws FELA demands that injured workers prove their employers negligence Workers Compensation vs FELA Workers compensation and FELA both seek to provide compensation for injured employees and to encourage employers to improve their security measures However they differ in a variety of crucial ways These differences include the basis of a claim fault assessment types and locations of damages and how and where the cases are handled One major difference is that FELA explicitly prohibits employers from retaliating against employees who make an FELA claim This is an important safeguard for railroad workers as many fear that pursuing a FELA claim could strain their relationship with their employer and lead to negative consequences like being fired or demotion Secondly FELA offers workers a broad range of protections not offered by workers compensation These include the right to sue their employer in federal court and a chance for higher awards It also allows workers to seek compensation for emotional distress as well as the loss of wages Furthermore FELA covers not only injuries but also illnesses caused by their work Another difference is that FELA requires proof of negligence on the part of the employer while workers compensation does not This can be difficult for injured workers who often have to deal with their employers insurance company while navigating the complex legal system Fortunately FELA attorneys with experience can help level the playing field and safeguard injured workers throughout the process FELA also covers railroad employees who operate trains maintain equipment or aid in the transportation of goods through interstate and international commerce However workers compensation is restricted to employees of private firms or stateregulated industries Workers compensation as its name implies is a program that provides monetary compensation to injured employees to help pay medical bills and other expenses due to an injury or illness on the job This system is not without its flaws and could lead to financial instability for workers in the long run Fortunately the FELA offers a solution to this system by allowing railroad employees injured 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 However it is crucial to understand the differences between these two pieces of legislation A claimant for example cannot receive benefits from workers compensation and sue his employer under the Jones Act This is because FELA considers certain factors that arent covered by the standard laws governing workers compensation FELA allows railroad employees to make claims for damages like pain and suffering past and future medical bills permanent impairment and loss of enjoyment life as well as disfigurement and a number of other compensatory damages This system is more expansive than 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 after FELA and the Supreme Court has held that anyone who files a claim under the Jones Act can be awarded damages if the injury results in the whole or in part due to the negligence of any officer or agents of the defendant The Jones Act also provides for maintenance and cure benefits They are intended to pay for immediate medical expenses such as surgeries and hospitalization and any medical expenses that are appropriate and reasonable under the context These ongoing medical expenses can include travel expenses for outoftown medical facilities occupational and physical therapy as well as psychological counseling special equipment as well as nursing care If an employee is awarded damages under the Jones Act from their employer they must employ an attorney to represent him in the court Johnson Garcia LLPs lawyers are able to help workers determine whether they qualify for Jones Act damages and assist them in filing a claim It is important to note that in order to claim damages under the Jones Act a seaman must prove that their injuries were the result of their employers negligent acts or actions or In this way the requirement of causation is higher than that required for workers compensation claims under the LHWCA FELA vs State Law The fact that railroad workers are at an increased risk of death and injury than the general population sparked the need for federal law to ensure that injured railroad workers receive an equitable amount of compensation Federal Employers Liability Act also known as FELA was passed over a hundred years ago and is the sole legal remedy for railroad workers injured in the course of work who demonstrate negligence on behalf of their employers Although the law provides substantial financial support it can be very difficult to navigate the complexities associated with FELA and its requirements Our Tennessee train accident lawyers can help know how the law works with state workers compensation laws To qualify for a FELA claim an injured worker must be in the course of performing the railroads normal tasks The injury must also be caused through negligence or a breach of safety standards on the part of the railroad In order to be awarded full damages the railroad must be determined to be at most partially responsible In fela settlements the FELA has defined actual work as performing actual railroad tasks or performing actions that are necessary to the work This includes going to and from work but also travelling between work locations as well as attending sessions and staying in motels when on duty This has been clarified in recent Supreme Court decisions that require more evidence of the extent of work to be eligible for FELA The main difference between FELA and state workers compensation is the manner in which injuries are evaluated and paid for In FELA cases railroad workers who are injured may be awarded two kinds of damages future and past earnings The damages are calculated by comparing a workers prior and anticipated future earnings This is done while considering their age expected life expectancy and the impact of the injury A worker may be entitled to other damages such as discomfort and pain as well as loss of consortium This means that the financial impact of an FELA injury could be larger than a comp claim It is important to understand the distinctions between FELA and workers compensation so that you are able to make the best decision depending on your particular circumstances FELA against State Workers Compensation The Federal Employers Liability Act FELA offers compensation to railroad workers who get hurt during the course of their job FELA replaces and overrules 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 prove that their employers negligence contributed to the injury Finding negligence in the context of a FELA case is a bit more difficult than in workers compensation claims but it is possible To be successful in a FELA claim a worker must demonstrate that the employer did not follow safety guidelines or procedures and that the negligence led to the injury It can be a challenge to prove negligence due to the fact that it typically requires evidence beyond an injured workers own testimony or medical records The underlying reason for the injury is also crucial to take into consideration Failure to follow safety protocol could be a violation of FELA in the event that the injury resulted from an equipment malfunction that could have been avoided in the event that the employees of the company had followed the procedures Another difference in FELA and workers compensation is the method of recovery In a FELA lawsuit the injured worker is able to submit a lawsuit directly to the federal or state court system Contrary to that the contesting process for workers compensation is the submission of an application for a hearing that is contested with the state workers comp office FELA compensation is more than workers comp and also includes more extensive coverage FELA damages for instance could include funds to pay for emotional distress longterm asbestos exposure and repetitive stress injuries FELA also avoids damage caps typically used in workers compensation cases Because of the complexities involved with the process of filing a FELA claim It is highly advised that railroad workers injured seek experienced legal representation Railroad employers have a strong interest in avoiding liability and they will do everything they can to avoid claims or limit damages It is essential that a railroad worker who has been injured receives legal guidance as soon as it is possible