FELA Recoverable Damages

FELA Lawsuit Attorneys

If you are a railroad worker and have been injured on the job, your right to recover compensation for your losses is governed by the Federal Employers' Liability Act, also known as FELA. In addition to establishing the process by which FELA lawsuits are prosecuted, the statute also identifies the damages available to injured railroad employees. If you have been injured, you want an experienced lawyer to help you get full and fair compensation.

At Gordon & Elias, L.L.P., we have over 40 years of combined experience representing injured workers who have filed lawsuits. Contact us to arrange a complimentary initial consultation.

What Economic Damages are Available Under FELA?

The monetary amount of damages available in a FELA lawsuit vary with the amount of hurt in each case. However, the "elements" of potential damages do not vary. A FELA claim will always consider the following elements of damages:

(1) Loss of earning capacity and/or loss of wages;

(2) Reasonable and necessary Medical Expenses;

(3) Pain & Suffering;

(4) Mental Anguish;

(5) Physical Impairment; and

(6) Physical Disfigurement.

In the most unfortunate situation involving a death of an injured railroad worker, damages include:

(1) Loss of Income; and

(2) Loss of companionship and society

Factors That Determine the Value of Your Claim

Once liability has been established, the extent of the damages will depend on a variety of factors, including the nature, permanency, and severity of the injury, the extent to which the injury prevents you from being gainfully employed, and whether you will be able to return to work. In evaluating a FELA lawsuit, the court will also calculate actual lost wages and income, and the pain and suffering you have experienced and may have moving forward.

The value of your claim may be negatively affected by pre-existing injuries or conditions that contribute to your current condition. The court will also determine the degree to which your own negligence contributed to your injury.

If you are a railroad worker who has been injured at work, contact Gordon & Elias, L.L.P., to schedule a free initial consultation.

40 years of Combined Experience Representing Injured Railroad Workers