Federal Employers Liability Act Vs Jones Act Every employer is accountable for keeping their employees protected while on the job People working in high-risk areas are held to higher standards of safety Railroad employees are protected by a federal law known as FELA This enables them to pursue claims for injuries Unlike the state laws on workers' compensation, FELA requires injured workers to prove their employer was negligent Workers' Compensation vs FELA While both workers compensation and FELA seek to indemnify injured workers and push employers to increase security measures They differ in a number of important ways These distinctions include the basis for a claim, fault assessment, types and locations of damages and the manner in which and where the cases are handled One major difference is that FELA specifically prohibits employers from taking retaliatory action against employees who file a claim This is an important protection for railroad workers because many are worried that pursuing the FELA claim could strain the relationship between them and their employer, and could result in negative consequences like demotion or termination Then, FELA provides workers with a wide range of protections that are not offered through workers compensation This includes the ability to sue federal courts and receive a greater award Workers can also seek compensation for emotional distress, as well as loss of wages FELA also protects against injuries and illnesses that are caused by the work environment Another distinction is that FELA requires evidence of negligence on the part of the employer, while workers' compensation doesn't This can be challenging for injured workers, who are often dealing with their insurance company's insurer while navigating the complicated legal system Fortunately, FELA attorneys with experience can help level the playing field and help protect injured workers throughout the process FELA also covers railroad employees who operate trains, maintain equipment, or aid in the transportation of goods through international and interstate commerce In contrast workers' compensation is only available to employees of private firms or state-regulated industries As the name suggests workers' compensation is a system of benefits that provide injured employees with cash awards to cover medical expenses and other expenses related to an on-the-job injury or illness The system has its limitations, which can lead to financial instability for workers in the long run Thankfully the FELA provides a different option to this system by allowing railroad workers injured to sue their employers in federal court over workplace-related injuries and illnesses FELA vs Jones Act A worker who is injured while working may be entitled to compensation under either FELA or the Jones Act It is important to know the distinctions between these two pieces of legislation 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 is a law that considers certain factors that aren't covered by traditional laws regarding workers' compensation FELA allows railroad employees to claim damages such as suffering and pain as well as future and past medical bills permanent impairment, loss of enjoyment of life as well as disfigurement and a number of other compensatory damages This system is much more expansive than workers' compensation In addition, FELA allows railroad employees to sue their employers in federal courts for negligence The Jones Act allows only seamen to sue their employers for personal injuries The Jones Act is closely modeled after FELA and the Supreme Court has held that a claimant under the Jones Act can be awarded damages if the injury "results in whole or in part from the negligence of any officer or agents of the defendant" The Jones Act also provides for maintenance and cure benefits These are designed to cover medical expenses, including hospitalization and surgery as well as any medical expenses that are reasonable and necessary in the context These ongoing medical costs could include travel expenses to out-of town medical facilities as well as psychotherapy, occupational therapy as well as specialized equipment and nursing care If an employee is awarded damages under the Jones Act, their employers must provide them with an attorney to represent them in the court Johnson Garcia LLP's lawyers can assist workers in determining if they are eligible to claim Jones Act damages and assist them in filing a claim https//vimeocom/708077364 is crucial to remember that to be eligible for damages, a seaman will need to prove that the injury was caused by their employer’s negligence The standard of causation for Jones Act claims is higher than that required for workers' compensation under the LHWCA FELA in vs State Law The fact that railroad workers are exposed to an inherent higher danger of being injured and dying than the rest of the workforce sparked the need for federal law to ensure that injured rail workers get an equitable amount of compensation Federal Employers' Liability Act, also known as FELA, was passed over 100 years ago and is the only legal recourse for injured railroad workers who are able to demonstrate negligence on behalf of their employers The FELA statute provides a great deal of financial assistance, however it can be a challenge to navigate its rules and regulations Our Tennessee train accident attorneys can help you understand the basic law, including the way it relates to state workers' comp laws To be qualified for a FELA case, the injured worker must be performing his or her regular railroad duties Additionally, the injury must be caused by the railroad's negligence or a violation of a safety rule To be awarded full damages, however, the railroad has to have been determined to be at most partially accountable Historically, the FELA definition of "actual work" has included performing actual railroad tasks and performing actions that are essential to the work This includes preparing for work and getting to and leaving the job site however, it also includes things like travelling between work locations as well as attending training sessions and staying in motels while on 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 primary difference between FELA and state workers' comp is the manner in which injuries are assessed and paid for In FELA cases railroad workers injured in an accident are entitled to two types of damages that are past and future earnings These damages are calculated by comparing the worker's prior and expected future earnings This is done by taking into account their age, expected life expectancy, as well as the effects of the injury In addition to the economic damages, a worker could also be entitled to non-economic damages, such as pain and suffering, as well as loss of consortium The financial impact of an FELA injury is significantly greater than the workers' compensation claim It is important that you be aware of the differences between FELA, workers' compensation, and other types of insurance This will allow you to make the right decision for your situation FELA against State Workers' Compensation The Federal Employers Liability Act FELA provides compensation to railroad employees who get hurt in the course of their work FELA replaces and overrules workers' compensation laws, which apply only to employees of "common carriers operating in interstate commerce" To qualify for FELA an injured worker must demonstrate that the negligence of their employer contributed to the injury The process of proving negligence in a FELA case is a bit more challenging than it is in the case of a workers' compensation claim, but it is possible To prevail in a FELA case, a worker must show that their employer failed to fulfill its duty to provide a safe working environment by not following the safety protocols and procedures or that the breach resulted in the injury It can be challenging to prove negligence, as it usually requires more than the testimony of the injured worker or their medical records It is crucial to examine the root cause of an injury For example, the failure to adhere to safety protocol could be an infraction of FELA if it was caused by an equipment malfunction that could have been avoided by the maintenance staff of the company adhered to procedures The process of recovering is an additional difference between FELA vs workers' compensation In a FELA instance the injured worker could file a lawsuit with the state or federal courts In contrast, the dispute-based workers' compensation process involves submitting a petition for a contested hearing with the state workers' comp office FELA compensation is greater than workers' compensation and also includes more comprehensive coverage For instance, FELA damages can include the cost of emotional distress, long-term asbestos exposure and repetitive stress injuries FELA also avoids damage caps that are typically used in workers' compensation cases It is recommended that railroad workers who have been injured seek legal assistance This is because filing a FELA lawsuit can be difficult Railroad employers are driven to shield themselves from liability and will do whatever they can to minimize or deflect claims This is the reason it's crucial that a railroad worker injured seeks out the advice of an experienced lawyer immediately following a workplace accident