When you sustain an injury while working on the railroad, it can drastically change your life. Unfortunately, you may find that the severity of your injury impedes your ability to enjoy the activities you once enjoyed, leading to a loss of enjoyment of life. It’s important to understand that you can seek compensation for the losses you’ve endured. The following blog explores what you should know about these difficult matters and why connecting with a FELA lawyer is in your best interest if you have sustained a life-altering injury while working on our nation’s railroads.
What Does Loss of Enjoyment of Life Mean, and Can I Seek Emotional Damages in a FELA Claim?
When you are injured due to the negligent actions of another person, it can be devastating. However, many assume that the only issues they will endure as a result of an injury are physical. This is far from the truth. In reality, you’ll find that a railroad injury can result in a number of emotional damages as well.
One damage you may find that can have a considerable impact on your life is the loss of enjoyment of life. Generally, this occurs after an accident that impacts your life so drastically that it inhibits your ability to participate in the activities you once enjoyed. Examples of this include, but are not limited to, the following:
- Traveling
- Playing with your children
- Attending social events and gatherings
- Engaging in physical activities or sports
- Engaging in recreational hobbies
If you are injured while working on one of our nation’s railroads, you may assume that you are only entitled to compensation for physical damages under the Federal Employers’ Liability Act (FELA). However, this is not true. Under FELA, you are entitled to recover compensation for both economic and non-economic damages, which include emotional losses.
How Is This Loss Calculated?
It’s imperative to understand that determining the value of an emotional loss can be tricky. Unfortunately, unlike other tangible losses, there is no value associated with how much someone can enjoy their life. As such, many subjective factors can determine how much an injured worker can recover from the railroad company.
Generally, four factors will be examined to determine the accident’s impact on your life. This includes, but is not limited to, the following:
- The severity of the injury
- The physical impact of the injury on your life
- The emotional impact of the injury on your life
- How the injury has altered your ability to participate in activities or maintain relationships
To help demonstrate how the accident has directly caused the loss of enjoyment of your life, you’ll need to provide evidence. For example, you’ll find that generally, you can submit medical records to showcase your limitations and the treatment you have and will continue to undergo.
You may also wish to keep a detailed journal following your accident. This can provide an insight into your emotional state as you navigate your daily life following the accident. Keeping a journal also allows you to explicate the direct impact the accident has had, including the struggles you face as a result of your injuries.
As you can see, there are several factors to consider following an injury on duty as a railroad employee. That’s why it’s in your best interest to connect with an experienced attorney as soon as possible. At Doran & Murphy, our dedicated legal team will do everything in our power to assist you during these difficult times to help you fight for the best possible outcome for your circumstances. Connect with us today to learn how we can assist you during these difficult matters.
