If you are injured while working for a railroad, a jury determines the amount of compensation you are entitled to receive and the employee has the burden of proving damages. While the Federal Employers' Liability Act (FELA) does not provide for punitive damages against the railroad, it does provide compensation for economic losses, as well as for pain and suffering, emotional loss and other intangible damages incurred as a result, in whole or in part, due to the railroad's negligence.
Louisville Railroad Worker Disability Attorneys
The ultimate amount of damages that may be recovered on behalf of an injured railroad worker vary from case to case, because the facts of every case are different and the railroad's attorneys are very skilled in defending FELA claims. However, the elements of recoverable damages in every FELA case are the same and consist of the following:
- Reasonable and necessary medical expenses (past and future)
- Loss of income (past and future)
- Loss of the value of fringe benefits (past and future)
- Loss of future earning capacity
- Pain and suffering (past and future)
- Physical impairment (disability)
- Physical disfigurement
In the unfortunate event of the death of a railroad employee, the cause of action under the FELA survives to the employee's appointed personal representative for the benefit of the surviving widow or husband and children of such employee, and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee and the following additional damages may be obtained:
- Loss of income
- Loss of companionship and society
The railroad's objective is to minimize your financial recovery at all costs, and it can be very challenging to obtain all of the compensation you deserve without the guidance of experienced FELA attorneys.
At O'Brien Chod, LLC, our lawyers have more than 40 years of combined experience counseling and advising injured railroad workers and their families, and obtaining just and fair compensation for our clients. Whether you are in Ft. Wayne, Indiana, North Platte, Nebraska, or Chicago, Illinois, contact us for information and reliable guidance during this difficult time as we can provide the assistance you need.
