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Federal Employers Liability Act Vs Jones Act Employers are all accountable for keeping their employees safe at work Workers who work in areas with high risk are held to higher standards of safety Railroad employees are protected by a federal law known as FELA This enables them to claim compensation for injuries In contrast to state laws on workers compensation FELA demands that injured workers prove their employers negligence FELA vs Workers Compensation 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 significant ways These differences include the basis for a claim fault determination and the types of damages that can be awarded and where and how cases are tried The FELA prevents employers from retaliating on employees who make a claim This is an important security measure for railroad employees since many are concerned that filing an FELA claim will strain the relationship between them and their employer and lead to negative consequences such as dismissal or termination Secondly FELA offers workers a vast array of protections that are not provided by workers compensation These include the right to sue their employer in federal court and the chance to receive higher amounts Workers can also seek damages for emotional distress as well as loss of wages FELA also protects against injuries and illnesses that are caused by the workplace environment Workers compensation is a legal right that requires proof of negligence by the employer FELA does not This can be challenging 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 out the playing field and help protect injured workers throughout the process Additionally FELA is available to all railroad workers which includes those who manage trains and maintain equipment for railways and help in the transportation of freight through international and foreign commerce However workers compensation is only available to employees of private firms or stateregulated industries Workers compensation as the name suggests is a system which provides financial compensation for injured employees to pay medical costs and other expenses because of an injury or illness sustained on the job However this system comes with serious limitations that could place workers at risk for financial instability in the long term Fortunately the FELA provides a different option to this system by allowing railroad employees injured to sue their employers in federal court for accidents and illnesses that are caused by work FELA vs Jones Act A worker injured on the job could be entitled to compensation under either FELA or the Jones Act It is however important to understand the differences between these two pieces of legislation For instance a person who is a claimant cannot receive workers compensation benefits and sue their employer under the Jones Act at the same at the same time fela accident attorney is because FELA and the Jones Act take into account several factors that arent present in standard workers compensation laws FELA allows railroad workers to claim damages for pain and suffering as well as future or past medical bills permanent impairments and loss of enjoyment of living disfigurement and a number of other compensatory damages This is a more generous system of compensation 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 after FELA and the Supreme Court has held that anyone who files a claim under the Jones Act can be awarded damages in the event that the injury results in whole or in part from the negligence of any officer agents or employees of the defendant The Jones Act provides for benefits of maintenance and cure These are intended to pay for immediate medical expenses including surgeries and hospitalization and any medical expenses that are necessary and reasonable in the circumstances These ongoing medical expenses could include travel expenses to out of town medical facilities such as physical therapy occupational therapy psychological counselling as well as specialized equipment and nursing care If an employee is awarded damages under the Jones Act from their employer they must employ an attorney to represent them in court The lawyers at Johnson Garcia LLP can help employees determine if they are eligible for damages under the Jones Act and help them to make a claim It is important to keep in mind that in order to receive damages a seaman must to prove that the injury was the result of their employers negligence The standard of causation for Jones Act claims is higher than that required for workers compensation under LHWCA FELA Vs State Law Federal law was required 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 by their employers who can demonstrate their employers negligence Although the law provides an extensive amount of financial support but it can be difficult to navigate the maze of laws that are associated with FELA and its requirements Our Tennessee train accident attorneys can help you understand the fundamental law and how it is compared with state workers compensation laws To be eligible for a FELA case the injured worker must have been performing the railroads normal duties 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 has to have been determined to be at most partially accountable Historically historically the FELA definition of actual work has included the actual performance of railroad duties as well as engaging in activities that are necessary to the work This includes going to and from work as well as moving between work sites or attending sessions as well as staying in motels during duty This has been clarified in recent Supreme Court decisions that require an additional proof of the scope of employment to qualify for FELA The manner in which injuries are assessed and compensated is the primary difference between FELA and state workers compensation In FELA cases railroad workers injured in an accident are entitled to receive two kinds of damages past and future earnings They are determined by comparing a workers prior and anticipated future earnings taking into account their age their expected working life and the effect of the injury on that duration of In addition to the economic damages a person could also be entitled to noneconomic damages such as pain and suffering as well as loss of consortium The financial consequences of an FELA injury is significantly more than a workers compensation claim It is crucial to know the differences between FELA and workers compensation so that you can make the right choice depending on your particular circumstances FELA Vs State Workers Compensation The Federal Employers Liability Act FELA was enacted in 1986 provides compensation for railroad workers who suffer injuries on the job FELA replaces workers compensation laws which only apply to employees employed by common carriers involved in interstate commerce To be eligible for FELA an injured worker must show that their employers negligent actions caused the injury The process of proving negligence in a FELA case is slightly 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 the worker must prove that their employer failed to fulfill their obligation to provide a safe working environment by failing to follow safety protocols and practices or that the breach resulted in 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 It is important to also look at the root reason for the injury The failure to adhere safety protocol could be an offense under FELA if the injury resulted from a malfunction of equipment that could have been avoided in the event that the employees of the company had adhered to the safety procedures Another difference that is different between FELA and workers compensation is the method of recovery In a FELA instance an injured worker can make a claim in the federal or state courts Contrary to that the disputebased workers compensation process involves filing an application for a hearing that is contested with the state workers compensation office FELA compensation is higher than workers comp and it includes more extensive coverage For instance FELA damages can include money for emotional distress longterm asbestos exposure and repetitive stress injuries Furthermore FELA bypasses the caps on damage awards that are commonly used in workers compensation cases Because of the complexity involved with filing an FELA claim it is highly advised that railroad workers injured seek legal advice from an experienced attorney 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 vital that injured railroad workers seeks out the advice of an experienced lawyer immediately following an incident at work