Economic and Non-Economic Damages in a FELA Claim

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Even with safety measures, serious injuries and tragic accidents are a constant risk for rail workers. Fortunately, the Federal Employers Liability Act (FELA) was created to protect railroad employees injured on the job. An injured worker covered by FELA has the right to seek financial compensation, known as damages, from their employer. For insights into how we have successfully assisted others in similar situations, explore our case results.

When assessing damages in a Federal Employers Liability Act (FELA) claim, it is vital to understand the substantial differences between economic and non-economic damages. These categories serve to compensate injured railroad workers comprehensively, but they are based on distinctly different elements of the injury and its consequences.

Economic Damages

Economic damages in FELA claims are crucial for addressing the tangible, out-of-pocket losses that an injured railroad worker incurs due to an accident or negligence on the job. These losses have a direct financial impact on the injured party and can significantly affect their financial stability. Here are the types of economic damage:

Medical Expenses

Medical expenses encompass a wide range of costs. Initially, this may include the cost of emergency medical care immediately following an incident, such as ambulance rides, emergency room fees, and immediate treatments or surgeries required to address acute injuries. Over time, these costs can extend to include ongoing care such as follow-up visits, prescription medications, and specialized treatments like surgeries or medical devices that may be necessary for recovery.

Moreover, if the injury leads to long-term or permanent disability, the injured party may need continuous medical care or therapy. This could encompass adaptive devices, home modifications to accommodate disabilities, and routine treatments to manage chronic pain or other ongoing symptoms.

Lost Wages and Earning Capacity

Lost wages are calculated by determining how much income the injured worker has lost during their recovery period when they are unable to work. This calculation is relatively straightforward and involves examining the worker’s salary or wages prior to the injury and the time taken off work due to medical recovery.

More complex, however, is the calculation of lost future earning capacity. This comes into play when the injury affects the worker’s ability to earn similar wages in the future. It requires a nuanced evaluation that considers the worker’s age, skills, experience, and the severity of the injuries. Economic experts often project the future earnings based on these factors, accounting for inflation and potential career growth interrupted by the injury.

Rehabilitation Costs

Rehabilitation costs cover expenses associated with helping the injured worker regain as much independence as possible. This includes physical therapy to restore movement and strength, occupational therapy to aid in returning to work or daily activities, and possibly speech or psychological therapy if the injuries affect those areas. These services are essential for maximizing recovery and are considered recoverable economic damages under FELA.

These elements of economic damages are documented and supported by receipts, employment records, and medical bills, making their calculation a relatively objective process. The U.S. Courts provide specific guidelines on what can be claimed under economic damages in personal injury and liability cases, ensuring a legal framework supports these calculations.

Non-Economic Damages

Non-economic damages differ significantly from economic damages because they address the non-financial aspects of harm suffered due to an injury. These damages are inherently subjective and cover:

Pain and Suffering

This includes compensation for both the physical pain and discomfort endured immediately following the incident and potentially into the future if long-term consequences persist.

Emotional Distress

Recognizes the psychological impacts of the injury, which can range from immediate shock and trauma to long-term issues such as anxiety, depression, PTSD, and other emotional and psychological disorders.

Loss of Enjoyment of Life

If the injury impairs the individual’s ability to enjoy daily activities, hobbies, and other life pleasures that were part of their routine before the accident, compensation can be sought.

Quantifying non-economic damages is complex due to their subjective nature and depends on a comprehensive understanding of how the injury has altered the individual’s lifestyle and personal experiences. Legal precedents and jury awards often guide the valuation of these damages, with resources and information from the Department of Labor providing insights on how these are evaluated in workplace injuries under federal law, including FELA cases.

Trust in the Experience of Our FELA Attorneys

Choosing the right legal team is pivotal. At Cahill & Perry, P.C. Attorneys at Law, we have consistently demonstrated our ability to handle FELA cases effectively, focusing on both economic and non-economic damages to optimize the outcomes for our clients. Our history of favorable railroad settlements underscores our commitment to serving the needs of railroad workers and their families. Learn more about our team and how we can assist you in this critical period. For dedicated legal support that you can rely on, reach out to us today.

Remember, when it comes to protecting your rights under FELA and ensuring that you receive the compensation you are entitled to, having a knowledgeable railroad injury lawyer by your side can make all the difference.