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Federal Employers Liability Act Vs Jones Act All employers are accountable to keep their employees protected at work. However, those working in high-risk industries are held to higher standards of safety. Railroad employees are protected under a federal law known as FELA. This permits them to claim compensation for injuries. Unlike state workers compensation laws, FELA demands that injured workers prove that their employer's negligence. Workers' Compensation vs. FELA Workers' compensation and FELA both seek to provide compensation for injured employees and to encourage employers to improve their safety measures. However, they differ in a number of significant ways. These distinctions include the basis of an claim, fault assessment the types and locations of damages, as well as how and where cases are heard. The FELA prevents employers from retaliating on employees who file claims. This is an important safeguard for railroad workers, because many are worried that pursuing a FELA claim will strain the relationship between them and their employer, and could result in negative consequences, such as demotion or termination. Then, FELA provides workers with many protections not available through workers compensation. This includes the ability to sue in federal court and receive a larger award. It also allows workers to seek damages for emotional distress as well as the loss of wages. In addition, FELA covers not only injuries, but also illnesses caused by their work. Workers' compensation requires evidence of negligence from the employer. FELA does not. This can be difficult for injured workers who are often dealing with their employer's insurance provider while navigating the complicated legal system. Fortunately, FELA attorneys with experience can help level out the playing field and help protect injured workers throughout the process. FELA also covers all railroad workers who manage trains, maintain equipment, or aid in the transportation of goods interstate and international commerce. Workers' compensation however is only available to workers of private or state-regulated industries. As the name suggests, workers compensation is a type of benefits that provide injured employees with monetary awards to pay medical bills and other expenses arising from an injury or illness that occurs on the job. The system has its flaws, and could lead to financial instability for workers in the long term. Thankfully, the FELA provides an alternative to this system by allowing railroad workers injured to sue their employers in federal court for accidents and illnesses that are caused by work. FELA vs. Jones Act Workers who suffer injuries on the job may be entitled to compensation either under the FELA or Jones Act. It is crucial to understand the differences between these two pieces legislation. For instance, a claimant, cannot receive workers' comp benefits and then sue his employer under the Jones Act. This is because FELA and the Jones Act take into account various factors that aren't found in standard workers' compensation laws. FELA allows railroad workers to make claims for damages like suffering and pain as well as future and past medical bills, permanent impairment, loss of enjoyment of life, disfigurement, and a number 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 is entitled to damages under the Jones Act if their injury was caused by the negligence of the agents, officers or employees. The Jones Act also provides for maintenance and cure benefits. These benefits are designed to cover immediate medical expenses like hospitalization and surgeries, as and ongoing medical expenses that are reasonable and essential under the circumstances. These ongoing medical expenses could include travel expenses for out-of-town medical facilities, physical and occupational therapy, psychological counseling as well as specialized equipment and nursing care. If an employee is awarded damages under the Jones Act from their employer, they must provide an attorney to represent him in the court. Johnson Garcia LLP's lawyers can assist workers in determining if they are eligible to claim Jones Act damages and assist with filing an action. It is important to remember 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 employer's acts or omissions. In this way, the threshold of causation is higher than the one required for claims for workers' compensation under LHWCA. FELA in vs. State Law The fact that railroad workers are at an inherent higher danger of being injured and dying than other workers sparked the need for federal law to ensure that injured railworkers receive an equitable amount of compensation. The Federal Employers' Liability Act (FELA) was enacted more than a century ago and is the only legal remedy available to railroad workers injured in the course of work who can demonstrate their employers' negligence. Although the law provides an extensive amount of financial support however, it can be difficult to understand the complexities that are associated with FELA and its requirements. Our Tennessee train accident lawyers can help you know how the law works with state workers' compensation laws. To be qualified to be fela accident attorney for a FELA case the injured worker must have been performing his or her normal railroad tasks. The injury must also have been caused through negligence or a breach of safety standards by the railroad. To receive full damages, the railroad has to be proven to be at least partially responsible for the injury. In the past historically, the FELA has defined “actual work” as performing actual railroad duties or engaging in actions that are necessary to the work. This includes getting to and from the job and also moving between work sites, attending sessions, and sleeping in motels while on duty. This has been clarified in recent Supreme Court decisions that require more evidence of the extent of employment to qualify for FELA. The method by which injuries are assessed and compensated is the main difference between FELA and state workers' compensation. In FELA cases, railroad workers who suffer injuries can receive two types of damages: past and projected earnings. The damages are determined by comparing a worker's previous and projected future earnings. This is done by considering their age, life expectancy, and the impact of the injury. In addition to the economic damages, a worker may also be eligible for noneconomic damages such as pain and suffering and loss of consortium. This means that the financial consequences of an FELA injury can be much larger than a comp claim. It is crucial to know the differences between FELA and workers compensation so that you can make the best decision depending on your particular circumstances. FELA against. 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 who work for “common carriers that are involved in interstate commerce”. To be eligible for FELA an injured worker must show that their employer's negligence contributed to the injury. Proving negligence in the FELA case is a little more difficult than in the case of a workers' compensation claim, but it is possible. To be successful in a FELA claim, a worker has to show that his employer did not adhere to safety guidelines or procedures and that the negligence led to the injury. Proving negligence can be difficult, because it often requires evidence beyond an injured worker's own testimony or medical records. It is important to also examine the root cause of an injury. For instance, the inability to follow safety protocols could be an offense under FELA in the event that it was caused by an equipment malfunction which could have been avoided by the maintenance staff of the company followed procedures. Another difference that is different between FELA and workers compensation is the method of recovery. In the case of a FELA case the injured worker could file a lawsuit with the state or federal courts. Contrary to that, the contested workers' comp process involves submitting a petition for a hearing that is contested with the state workers' comp office. FELA compensation is higher and more extensive than workers' compensation. FELA damages, for instance could include funds to pay for emotional distress, long term asbestos exposure and repetitive stress injuries. Furthermore, FELA bypasses the caps on damage awards that are typically applied in workers' compensation cases. It is highly recommended that railroad workers who have been injured get legal representation. This is because filing a FELA lawsuit can be difficult. Railroad employers have a strong interest in avoiding liability and will do everything they can to avoid claims or limit damages. This is why it's vital that an injured railroad worker is guided by an experienced lawyer immediately following an accident at work.