What Economic Damages are Available Under FELA?
FELA, which stands for the Federal Employer’s Liability Act, was established in 1908 in response to the large numbers of railroad injuries and deaths that went uncompensated at the time. FELA provides a mechanism for railroad workers to obtain medical treatment and compensation for injuries that result from their employer’s negligence or failure to protect their safety on the job. All railroad workers are covered, including those whose jobs do not put them in close proximity to trains. Unlike workers compensation, FELA only applies to railroad workers and only when an employer is negligently responsible for an injury. If the railroad is deemed to be at fault for the injury, then the railroad employee is entitled to compensation for:
⢠Lost wages resulting from the injury.
⢠Compensation for medical treatment necessitated by the injury.
⢠Damages for physical pain and emotional suffering, as well as for disfigurement and scarring.
⢠Limitations on future earning capacity.
⢠Death benefits to surviving family members for funeral costs, lost wages, and pain and suffering.
The value of the benefits one can receive under FELA will depend upon the severity of the injury, and the extent to which one is disabled or the amount of time their injuries prevent them from working. The economic damages awarded in a FELA lawsuit can also depend upon whether the injured party was at all to blame for their injury. FELA awards will be decreased in value by an amount that is consistent with the degree of responsibility for the injury.
This article was provided courtesy of the Philadelphia FELA lawyers of Cahill, Goetsch & Perry, P.C. Attorneys at Law, 800.654.RAIL (800.654.7245), who stand ready to assist railroad employees.
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