What Economic Damages are Available Under FELA?
Under the FELA (Federal Employers’ Liability Act), railroad workers are able to make claims for monetary damages in the event of an on-the-job injury. In the event of a wrongful death, the beneficiaries of the victim are also able to make a claim under FELA.
Damages that can be awarded under FELA fall into two categories: economic and non-economic. Loss of wages and loss of benefits are considered to be economic losses. Pain and suffering or mental anguish are considered to be non-economic losses.
Other examples of damages that may be awarded under FELA include:
Loss of wages
Loss of earning potential
Loss of medical and dental benefits
Medical expenses, as paid out-of-pocket by the victim
Pain and suffering
Disfigurement and/or scarring
Emotional distress or mental anguish
Loss of income (wrongful death claims)
Loss of companionship (wrongful death claims)
The FELA statute has contributory negligence attached to it. This means that if the actions of the injured party were partially negligent, then the monetary damages will be reduced based upon the amount the injured party was negligent. For example, if an injured worker is awarded $100,000, but is found to be 20% negligent, then the amount that will be recovered is reduced to $80,000 ($100,000 x .20).
In the event of a wrongful death, the spouse or beneficiaries of the victim are able to collect pecuniary losses. These losses include the amount of money the victim would have earned over the course of his/her lifetime if he/she would have lived.
Attorneys who are experienced with railroad law and FELA are best at recovering the maximum award under the law. If you or a family member have been injured while employed as a railroad worker, contact an experienced railroad law attorney to help with making your claim to FELA.
This article has been provided by FELA attorneys:
Doran & Murphy, LLP
1234 Delaware Avenue
Buffalo, New York 14209
Toll-Free: 800.374.2144
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