What compensation can I receive through a FELA claim?

Economic damages for financial losses

There are economic damages that compensate you for verifiable financial losses resulting from your injury. Damages may include, but are not limited to the following:

• Medical expenses for past, ongoing, and future treatment, including hospital care, surgery, rehabilitation, medications, therapy, and necessary ongoing care
• Lost wages from time unable to work after the injury
• Loss of future earning capacity when permanent impairment or disability diminishes your ability to earn income over the long term
• Costs of household services you can no longer perform, such as home repairs, yard work, or childcare
• Property damage related to the incident

FELA understands that workplace injuries can have a significant financial impact in addition to medical bills. Compensation for lost earning capacity takes into account how injuries affect your ability to work and earn income for years or decades.

Non-economic damages for personal losses

Unlike economic damages, non-economic damages compensate for intangible harm that cannot be easily quantified, since they are not based on bills or receipts. Among these damages are the following:

• Pain and suffering from physical injuries and the ongoing discomfort they cause
• Emotional distress and mental anguish resulting from the injury and its aftermath
• Loss of enjoyment of life when injuries prevent you from participating in activities, hobbies, leisure pursuits, or family events you previously enjoyed
• Diminished quality of relationships and social connections
• Loss of mobility, independence, or dignity
• Permanent disfigurement or scarring

Mental injuries, such as emotional distress, are compensable under FELA when the worker was in a zone of physical danger, even if the primary harm was psychological rather than physical.

Wrongful death damages for surviving families

Railroad workers who die as a result of injuries or occupational illnesses covered by FELA may be entitled to wrongful death damages by their survivors or estates. Damages that can be claimed include:

• Lost financial support or future earnings that the deceased would have provided to the family
• Loss of benefits the deceased would have earned
• Loss of companionship, comfort, guidance, and moral support
• Funeral and burial expenses
• Pain and suffering the worker experienced before death

A wrongful death award recognizes both the financial hardship and the profound emotional harm experienced by surviving spouses, children, and dependent relatives at the death of a loved one.

How comparative fault affects damage awards

In FELA cases, you can recover damages even if you contributed to the accident in some way. Depending on how much you are at fault, your damage award will be reduced, but you will still be eligible for compensation if the employer was proven negligent. It's different from workers' compensation, which usually provides benefits regardless of fault.

Why FELA provides broader compensation

Because FELA is a fault-based statute, your injury or illness must be caused by railroad employer negligence, unsafe conditions, or defective equipment. FELA allows courts to award full civil law damages rather than the limited benefits offered by workers' compensation. The compensation provided by this approach reflects more accurately the true impact of workplace injuries on railroad workers and their families.

Our attorneys provide legal assistance to injured railroad workers

Our attorneys have extensive experience handling FELA claims and understand all the damages available to railroad workers who are injured. Depending on the facts of your injury case, ELG Law can assist you in determining what compensation you may be entitled to under federal law. Get in touch with Environmental Litigation Group today to discuss your case and learn how we can help you pursue FELA damages.