Federal law provides railroad workers the right to obtain compensation for injuries sustained during the scope of their employment.
Obtaining damages through this process may seem complicated. Recovering compensation for injuries due to your company’s or its contractors’ fault usually requires proof of negligence. However, in some situations, the railroad is strictly liable even in the absence of such proof.
FELA eligible damages
FELA injury cases seek compensatory damages. According to United States Code, the following types of damages are eligible for reimbursement:
- Medical care: A court or jury may calculate your past and future medical care, including long-term care. The amount awarded to you includes consideration of the length of time that your recovery will take.
- Lost wages: When your physical injuries diminish your ability to perform your job duties, and your injuries make you unable to obtain a similar-paying position, you are entitled to compensation for past and future loss of earnings or loss of earning capacity.
- Loss of normal life: If the injuries you suffered made you unable to perform various other activities, besides work, you may seek significant compensation for the harm done to you.
- Pain and suffering: A court or jury may calculate proper compensation for your physical pain and mental or emotional anguish.
If you suffered injury while working for a railroad, a judge or jury may rule that you are not responsible for paying for any of the associated costs of your injury. It is essential to consult with an experienced FELA attorney to be sure you are aware of all of your rights.
