Compensation claims made under the Federal Employers’ Liability Act (FELA) generally generate significantly higher payouts than claims made under state workers’ compensation. In one case in Nebraska, a maintenance crew member received nearly $2.8 million for injuries suffered while replacing railroad ties. Kendall Walsh, 36, sustained a serious and permanent injury to his right arm when a stacked pile of concrete railroad ties shifted and fell on him. The jury found that Union Pacific had failed to stack the ties using the standard method and awarded Mr. Walsh damages.
Under FELA, you can claim compensation for your work-related injury or illness. Damages may be sought for both economic and noneconomic losses, and include:
- Lost wages. This is usually the largest component, and covers past and future wage losses.
- Lost benefits. Lost health and dental insurance coverage can equate to a significant sum over a long period of time.
- Cost of replacement services. This covers hiring a full or part-time employee to carry out household duties you are no longer able to perform.
- Future medical expenses. Medical bills from the initial injury are normally covered by medical insurance, but compensation may be available for future expenses.
- Pain and suffering. This can be difficult to quantify, but we track awards and settlements across the U.S. and take your particular situation into account to help estimate a value.
- Loss of enjoyment of life. As with pain and suffering, this is highly specific to your particular circumstances.
It’s important to note that the amount of damages you receive may be reduced by a particular percentage if you were partially responsible for your injuries. This occurs when a jury finds that a percentage of your injury should be attributed to your own negligence.
Whether you accept a settlement offer or take your case to trial, make sure you discuss your case with an experienced nationwide FELA attorney before making any decisions.
