FELA Recoverable Damages
Under the FELA, a jury determines the amount of compensation an injured railroad worker is entitled to receive, if any. While the FELA does not provide for punitive damages against the railroad, it does allow for compensation for both economic and non-economic losses including:
- 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 wage earning capacity
- Pain and suffering (past and future)
- Physical impairment (disability)
- Physical disfigurement
- Emotional/psychological impairments
- Loss of ability to enjoy a normal life
If a railroad employee dies while working in the course and scope of their employment, the FELA cause of action survives to the employee’s personal representative. The recoverable damages are those which will fairly compensate the relatives of the deceased employee and may include:
- Loss of support claimed by a spouse or child
- Loss of services claimed by a spouse
- Loss of nurture and guidance claimed by a child
The FELA wrongful death claim can be pursued for the benefit of the surviving widow or husband and children of such employee. If the employee was single with no children, then the employee’s parents will be next in line to prosecute the claim. If the employee’s parents are deceased, then the next of kin dependent upon such employee would be in a position to assume the claim.
