Railroad work is one of the most physically demanding and hazardous occupations in the United States. When railroad employees are injured because of unsafe working conditions, defective equipment, inadequate training, or another form of employer negligence, they may be entitled to compensation under the Federal Employers’ Liability Act (FELA). Understanding the damages available through a FELA claim can help you protect your rights and pursue the financial recovery you deserve after a workplace injury. Consult with an experienced FELA lawyer for more information and legal advice today.
What is FELA?
The Federal Employers’ Liability Act (FELA) was enacted in 1908 and is an important piece of federal legislation designed to protect railroad workers who suffer injuries or illnesses due to their employment. Unlike traditional workers’ compensation systems, which operate on a no-fault basis, FELA is a fault-based system.
What’s a FELA Claim?
A FELA claim works like a personal injury lawsuit, allowing railroad employees to hold their employer accountable when negligence causes them harm. To successfully file a claim, an injured worker must demonstrate that the railroad employer’s failure to provide a reasonably safe workplace contributed, even in a small part, to their injury or illness, such as by providing defective equipment, inadequate training, or unsafe conditions.
Railroad work is inherently hazardous, and FELA serves as the legal remedy for workers to pursue justice after an incident. By establishing a system where liability is tied to negligence, FELA encourages railroads to maintain reasonably safe workplaces by allowing injured employees to seek compensation when employer negligence contributes to an injury.
What Damages Can I Recover Through a FELA Claim?
Under FELA, injured railroad workers may be eligible to recover two main categories of damages: economic and non-economic.
Economic damages cover quantifiable financial losses directly related to your workplace injury. This typically includes compensation for past and future medical bills, such as expenses for surgeries, rehabilitation, and long-term care. You may also recover lost wages, which include not only the income you lost during recovery but also the loss of future earning capacity if your injuries permanently impact your ability to work.
Non-economic damages address the subjective, non-monetary impacts of your injury. These damages are designed to compensate for the significant toll an accident takes on your quality of life. This includes compensation for pain and suffering, such as chronic pain stemming from your injuries and mental anguish. Additionally, you may recover for the loss of enjoyment of life, which recognizes the impact of being unable to participate in hobbies, family activities, or personal interests you once enjoyed.
To support your claim for these damages, it is important to maintain thorough documentation, including all medical records, photos or videos of your injuries, and security footage of the incident. Consulting with an experienced FELA attorney can help you properly identify and pursue the damages you are entitled to receive.
