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Straight
Track #182
| FELA
102: Damages Robert
Drummond
Hoey & Farina Attorney
1-888-425-1212
Hoey & Farina publishes this weekly email newsletter to better inform railroaders and their families of the issues affecting their working lives. |
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Earlier this year, we published two articles explaining in detail the federal law governing railroad workers, the Federal Employers' Liability Act (FELA). See
Straight Track #144: What is The FELA? &
Straight Track #149: FELA 101.
This week’s article is the third part of Straight
Track’s close look at the FELA. In legal terms, the topic is called “damages.” In everyday language, “damages” mean the money railroaders can recover from their employer as compensation for losses resulting from an on the job injury.
FELA Is Not Worker’s Comp
The FELA is very different from state worker’s compensation laws, and one of the biggest differences lies in the area of damages. Unlike state worker’s comp laws which, by and large, provide only a small portion of a worker's wages as compensation, the FELA provides for recovery of the injured worker's entire array of losses. In this way, the FELA provides for full recovery for losses experienced by an injured railroad worker.
Under the FELA, damages are based on a railroader’s economic losses (past, present and future lost wages) and non-economic losses (loss of the “enjoyment of life”, and pain and suffering.)
Typically, the biggest part of economic losses is lost wages. Economic losses also can include lost benefits and what is termed the cost of replacement services. Medical bills can be considered an economic loss, but usually medical bills stemming from on the job injuries are covered by insurance. Future medical expenses, however, are considered in the context of computing economic losses.
Lost benefits, as we all know, matter a great deal. Insuring a family at a cost of hundreds of dollars per month can add up to a very substantial sum of money over time. Health insurance, including dental, becomes a very important factor in any FELA claim.
Replacement services, another type of recoverable economic loss, are the cost for an injured railroader to hire help to accomplish normal home maintenance and upkeep.
Non-economic losses are sometimes referred to simply as "pain and suffering.” These damages are more difficult to put a value on than economic damages. Courts recognize that jurors can
use their own experiences in evaluating the pain and suffering.
In addition to the physical pain and suffering, injured workers can recover for losses referred to in the law as the loss of “the enjoyment of life.” A serious injury may prevent a railroad worker from being able to fully raise his or her children. An injury may end the ability to enjoy recreational activities such as hunting, fishing, or going to the gym. Such losses are significant and are compensable under the FELA as damages resulting from the loss of the enjoyment of life.
No No-Fault In The FELA
While the FELA is a great benefit to railroaders, to win a case an injured railroader must show that the railroad caused, “in whole or in part”, his injury. This is the major difference between the FELA and the typical “no-fault” state worker’s comp laws, which provide an automatic recovery with much lower compensation.
One big result of having to prove negligence or fault on the part of the railroad is that any FELA damage award can be reduced by the amount of contributory negligence, if any, on the part of the injury employee. For example if you are 50% at fault for causing the injury, your total damage award will be reduced by 50%. As experienced FELA designated legal counsel, our attorneys have the skill to counter the contributory negligence claims by a railroad in order to maximize a railroader’s recovery.
We always welcome feedback on any of our Straight Track articles. As always, you can call us, Your Designated Legal Counsel, for advice on this or any other FELA issue any time.
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