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Federal Employers Liability Act Vs Jones Act Employers are all responsible for keeping their workers secure on the job. People 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 permits them to sue for injuries. In contrast to state laws on workers compensation, FELA demands that injured employees prove the negligence of their employer. Workers' Compensation vs. FELA Workers' compensation and FELA both seek to compensate injured workers and to encourage employers to improve their security measures. However they differ in a number of important ways. These distinctions concern the basis of a claim, fault determination as well as the types of damages and the manner in which cases are decided. One major difference is that FELA explicitly prohibits employers from punishing employees who submit an FELA claim. This is a very important safeguard for railroad employees, as many fear that pursuing an FELA complaint could cause a strain on their relationship and lead to negative outcomes, such as demotion or firing. Secondly, FELA offers workers a vast array of protections not offered by workers compensation. This includes the right to sue their employer in federal court, which gives them a chance for higher awards. Additionally, workers can claim damages for emotional distress, as well as loss of wages. Furthermore, FELA covers not only injuries but also illnesses that are caused by their work. Another distinction is that FELA requires evidence of negligence on the part of the employer, while workers' compensation does not. This can be difficult for injured workers, who are often dealing with their insurance company's insurer as they navigate 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 employees, including those who operate trains, maintain railway equipment, and support the transportation of freight international and domestic commerce. Workers' compensation however is only accessible to workers of private or state-regulated businesses. Workers compensation, as the name suggests is a system which provides financial compensation for injured employees to help pay medical costs and other expenses as a result of an illness or injury on the job. The system has its flaws, and could lead to financial instability for workers over the long run. Fortunately the FELA provides a solution by allowing railroad workers who are injured to sue their employer in federal court for workplace-related injuries or 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 important to understand the differences between the two laws. For instance, a claimant is not able to receive benefits from workers' compensation and also sue his employer under the Jones Act. This is because FELA considers aspects that aren't included in the standard laws governing workers' compensation. 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 variety of other compensatory damages. This system is much more expansive than workers' compensation. FELA also permits 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 closely modeled after 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 the whole or in part due to the negligence of any officer or agents of the defendant.” The Jones Act provides for benefits of maintenance and cure. These benefits are intended to cover immediate medical costs like hospitalization and surgery, as and ongoing medical expenses that are reasonable and necessary under the circumstances. These ongoing medical expenses could include travel expenses for out-of-town medical facilities, occupational and physical therapy psychotherapy special equipment, as well as nursing care. If an employee is awarded damages under the Jones Act, their employers must provide an attorney to represent them in court. Johnson Garcia LLP's attorneys can assist workers in determining whether they are eligible for Jones Act damages and assist with filing an action. It is crucial to understand that to be eligible for damages under the Jones Act, a seaman must prove that their injuries were the result of the negligence of their employer's actions or mistakes. The standard of causation for Jones Act claims is higher than the standard required for workers' compensation under the LHWCA. FELA vs. State Law Railroad workers are at an increased risk of injury and death than the general population has led to the need for a federal law to ensure that injured railworkers get fair compensation. Federal Employers' Liability Act or FELA was passed more than a hundred years ago and is the only legal remedy for injured railroad workers who can prove negligence on behalf of their employers. While the statute offers an extensive amount of financial support, it can be very difficult to navigate the complexities that are associated with FELA and its requirements. Our Tennessee train accident lawyers can help you understand the fundamental law, and how it is compared with state workers' compensation laws. To be eligible for a FELA claim, an injured worker must be engaged in the performance of his or her usual 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 must have been found to be at least partially accountable. In the past historically, the FELA has defined “actual work” as the act of performing actual railroad duties or engaging in acts necessary to such work. This includes getting to and from work and also traveling between work sites, attending sessions, and staying in motels during duty. This has been clarified in recent Supreme Court decisions that require a greater demonstration of the extent of employment in order to be eligible for FELA. The main difference between FELA and state workers' comp is the way in which injuries are rated and compensated. In FELA instances, railroad workers who suffer injuries can be awarded two kinds of damages that are future and past earnings. These are calculated by comparing a worker's prior and expected future earnings, taking into consideration their age, expected work life, and the effect of the injury on that life time. A worker could be entitled to other damages, such as pain and discomfort and loss of consortium. The financial cost of an FELA injury is much more than a workers' compensation claim. It is crucial to know the distinctions between FELA and workers compensation so that you can make the best decision for your unique circumstances. FELA Vs. State Workers' Compensation The Federal Employers Liability Act (FELA) which was enacted in 1986 is a law that provides compensation for railroad workers who suffer injuries while on the job. FELA replaces and overrules workers' compensation laws, which only apply to employees of “common carriers that are involved in interstate commerce.” To qualify for fela settlements , an injured worker must prove that their employer's negligence contributed to the injury. It is more difficult to prove negligence in the context of a FELA claim than a workers' compensation case however, it is able to be accomplished. To succeed in a FELA case the worker must prove that their employer violated their obligation to provide a safe work environment by not following the safety protocols and procedures or that the failure resulted in injury. It can be difficult to prove negligence, as it typically requires more than just the testimony of the injured worker or their medical documents. The root cause of the injury is also important to consider. The failure to adhere safety protocol could be an offense under FELA if the injury was caused by an issue with equipment that could have been avoided by the staff of the company had they adhered to the safety procedures. The method of recovery is an additional difference between FELA as opposed to workers compensation. In a FELA case, an injured worker may file a lawsuit with the federal or state courts. The contested workers' comp process involves filing a petition for a hearing that is contested with the state workers' compensation office. FELA compensation is more than that of workers' comp, and it provides more comprehensive coverage. FELA damages, for example could include funds to compensate for emotional distress, long-term asbestos exposure and repetitive stress-related injuries. FELA also bypasses the damage caps that are usually applied to workers' compensation cases. Because of the complexity involved with filing an FELA claim, it is highly advised that railroad workers injured seek experienced legal representation. Railroad employers have a strong desire to avoid liability, and they will do everything they can to deny claims or limit damages. It is essential that a railroad worker who has been injured seeks legal advice as soon as is possible.