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What Damages Can I Recover in a FELA Claim?

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What Damages Can I Recover in a FELA Claim?

What Damages Can I Recover in a FELA Claim?

By Jan Hoen

Those who work in the railway industry face many hazards daily. Unfortunately, this reality causes many workers to suffer injuries that cause physical, emotional, and financial difficulties. Luckily, one of the oldest laws in America, known as the Federal Employer’s Liability Act (FELA), provides protection to railway workers. 

Interestingly, FELA is still a functioning law today. Railway workers who are injured in the workplace can seek compensation for the injuries they sustained with the help of a Virginia attorney who specializes in railway lawsuits. Hampton Injury Law PLC can help you navigate your FELA claim so that you focus on your recovery.

What Exactly Is A FELA Claim?

A FELA claim is used by only injured railway workers who want to seek compensation for injuries they sustained while working. Although a FELA claim is similar to a worker’s compensation claim, there are some notable differences. For example, an injured railway worker will be required to prove that their employer was wholly negligent and that their negligence was the root cause of the injury. 

The Different Types Of Injuries FELA Covers

In most FELA claim lawsuits, there are primarily four common different injury types. 

  • Injuries sustained through repetitive motions such as tendonitis and carpal tunnel.
  • Severe and traumatic injuries such as pulled muscles, broken bones, burns, lacerations, and joint sprains. 
  • Various occupational diseases such as lung cancer, asbestos poisoning, and hearing loss.
  • The worsening of pre-existing health conditions, including the acceleration of an illness. 

The Damages You Can Recover In A FELA Claim

Interestingly when an injured railway worker is filing a FELA claim, they can do so in any state or federal court. With a FELA claim, often, a jury will decide the amount of compensation an injured worker is entitled to receive. 

Additionally, FELA claims allow an injured railway employee to seek both non-economical and economic damages. Some of the numerous damages that can be awarded are listed below. 

  • The loss of one’s ability to enjoy a normal life. 
  • Losses associated with an injured person’s future wage-earning capacity. 
  • Emotional and psychological impairments directly resulting from a workplace injury.
  • Physical disfigurement such as lost limbs and severe burns and lacerations.
  • Both past and future mental and physical pain and suffering. 
  • A worker’s loss of income, both past and future. 
  • All medical expenses for the past and future related to the injury sustained in the workplace.
  • Compensation for permanent, partial, and complete disability. 

How Is Liability Proven In A FELA Claim?

As previously mentioned, an injured railway employee needs to prove that their employer was negligent, and it was through negligent actions that their injuries were sustained. Railway employers have a duty of care to employees, and it is when this duty of care comes into question that most FELA claims are filed. Below are a few potential duties that can result in an employee filing a FELA claim against their employer.

  • Unsafe workplace including hazardous and dangerous tools and safety devices. 
  • Inadequate training, supervision, and assistance in the workplace.
  • Safety rules and regulations that were not enforced.
  • Health and safety inspections were not carried out to ensure the work environment was free of hazards.

Get In Contact With An Attorney Today To Discuss Your FELA Claim

With the help of a Virginian attorney who specializes in Fela claims, you can seek the compensation you deserve. You shouldn’t have to deal with the often confusing legal proceedings on your own when you are trying to recover and get on top of your financial situation. Hampton Injury Law PLC has qualified attorneys that can help you file a FELA claim, and we can guide you through the various complicated legal proceedings. If you would like a case evaluation, you can contact us today. 

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