What Damages Can I Recover in a FELA Claim?

Nov 28, 2023
By admin
What Damages Can I Recover in a FELA Claim

As a railroad employee, you most likely are aware of what the Federal Employer’s Liability Act (FELA) is. This act provides railroad employees with a legal means to seek damages and compensation in the aftermath of any injuries sustained on the job, due to negligence from their railroad employer.

Following an injury on the job, many questions may arise regarding legal claims, such as what kind of damages under FELA will be available to you. Below, we take a closer look at the types of damages that you might expect to recover from a FELA claim.

What Damages Can be Recovered?

Damages under FELA claims that can be recovered vary. Damages that can be recovered include:

  • Medical expenses
  • Both current and future lost income
  • Pain and suffering
  • Full, permanent, or partial disability
  • Other economic damages such as loss of enjoyment and companionship, and emotional distress

If you have further questions about what types of damages can be claimed, reach out to our team of Columbus FELA lawyers. We can explain in further detail the damages you can claim under FELA.

What is the Compensation for Damage?

The amount of damages that each person can recover will depend on the specific situation that person has encountered, the circumstances surrounding what caused the injury, the level/severity of injury and many other factors.

Compensation and damages will be determined based on the individual factors of your case. One important factor that you will need to prove in your claim is that your employer was at least partially negligent, and that said negligence was the cause of your injury.

Other factors taken int account include:

  • The severity and type of injury you suffered
  • The overall level of negligence from your employer
  • Any evidence that is presented like eyewitness statements and medical records
  • Whether you were comparatively negligent, as that can reduce liability of the employer

One final note on compensation and damages is that FELA claims do not have any cap. So unlike with worker’s compensation, where a cap amount of that a person can recover will typically exist, FELA claims do not have any cap on damages.

The Different Types of Injuries FELA Covers

The railroad industry is a dangerous space to work in, with the U.S. Bureau of Labor Statistics sharing that railroad conductors and yardmasters “have one of the highest rates of injuries and illnesses” of any kind of occupation. With that in mind, FELA will generally cover injuries that were sustained on the job.

Common injuries that FELA will cover include:

  • Broken bones
  • Electrocution
  • Neck and back injuries
  • Head injuries
  • Loss of limb
  • Strains and sprains
  • Bruising
  • Injuries from fallen debris
  • Burns

The severity of your injury may also impact the kind and amount of damages you might receive from your claim. For example, if you suffer a severe injury that will impact your ability to work, your compensation may differ than if you sustain a broken arm that heals quickly, with no lasting complications.

Further Questions? Book a Consultation with Our Columbus FELA Lawyers

If you have further questions regarding your FELA claim or the potential damages that you might receive from your claim, don’t hesitate to reach out to The Friedmann Firm today. Our team of experienced Columbus FELA lawyers are here to look over your claim and case.

We provide aggressive legal representation, and we can help you understand what rights and benefits you have under FELA.

You can reach us over the phone at 614-610-9755 or book a free and confidential online.