What Damages Are Available Under FELA?

Railroad workers are some of the most important people in our country. They keep our economy moving by transporting goods and people across the nation. Unfortunately, they are also at risk for serious injury on the job.

Getting injured on the job can be a devastating experience. Not only does it cause physical pain and suffering, but it can also lead to financial hardship. If you’ve been injured while working for a railroad, you may be wondering what economic and non-economic damages are available to you under the Federal Employers’ Liability Act (FELA).

If you have been injured as a railroad worker, it is important to speak with an experienced injury law attorney like our railroad injury lawyers at Roven Camp. Our Houston, Texas-based team can help you understand your rights, and may be able to help you recover the damages you deserve.

In this article, we will discuss the different types of damages available to railroad workers under FELA and how Roven Camp can help.

The Federal Employers’ Liability Act is a United States federal law that was enacted in 1908. The law provides employees of railroads with a remedy for injuries that are suffered as a result of the negligence of their employers. The law allows employees to file lawsuits against their employers in order to recover damages for their injuries.

When an employee is injured as a result of the negligence of their employer, they may be able to file a lawsuit to recover damages for their injuries. 

Economic damages are one type of damages that may be available to employees under FELA. 

Economic damages are those damages that are monetary, and typically intended to compensate the injured party for their economic losses. This includes the losses that the injured party has suffered as a result of their injury.

The types of damages that are generally available in FELA cases include:

In addition to economic damages, railroad workers who have been injured as a result of the negligence of their employer may be able to recover non-economic damages, with the help of our experienced FELA attorneys at Roven Camp. 

Non-economic damages are intended to compensate the plaintiff for losses that are not easily quantified, such as pain and suffering, emotional distress, and loss of enjoyment of life. Additional damages may be available to the family and beneficiaries of a loved one who is killed while working for a railroad.

The amount of damages that a plaintiff can recover will depend on the specific facts and circumstances of their case. In most cases, a plaintiff may be able to recover compensatory damages, which are intended to reimburse them for their losses. There are no caps or limits in the amount of economic and non-economic damages a railroad employee may recover as long as the damages are supported by the evidence. This is true even if the state in which you file your FELA case has caps or limits on the amount of damages (usually non-economic) that an injured person can recover in other personal injury claims.

Additionally, in many instances, an expert witness will be called to the stand who can assess the extent of damage. Expert witnesses are particularly important in cases involving wrongful death, as they may be required to demonstrate liability or fault, as well as damages. 

For example, in a railroad injury case, an expert witness in that field will almost always be needed in order to demonstrate that the company did not follow standards. A railroad expert witness will be able to take the intricate railway facts of your case and determine whether the railroad is responsible for your injuries.

In order to recover damages for economic losses under FELA, an employee must typically show that their injury was caused, in whole or in part,  by the negligence of their employer. This can be done by showing that the employer failed to provide a safe working environment, or that they failed to take reasonable steps to prevent the employee from being injured.

It is important to note that there is a limited amount of time in which an employee can file a lawsuit against their employer under FELA. Generally, an employee must file a lawsuit within three years of the date of their injury.

Additionally, as FELA is a federal law, cases within the state of Texas and throughout the U.S. will have the same substantive rights for filing the lawsuit and recovering damages. And, FELA cases can be filed in either state or federal court.

Providing medical reports and other documentation of your injury and damages can be critical to the success of your claim. At Roven Camp, our experienced FELA attorneys can help you gather the necessary evidence to support your claim and maximize the amount of damages that you are able to recover.

At Roven Camp, we understand injuries can be difficult both physically and financially. That is why we are here to help you fight for the damages that you deserve. If you have been injured on the railroad as a result of the negligence of your employer, contact Roven Camp today.

Our experienced attorneys will be able to answer any questions that you may have and help you file a claim for the compensation that you deserve.