What Kind Of Damages Can A Railroad Employee Recover in A FELA Case?
Railroad workers have always faced a dangerous working environment. However, for many years, they had little recourse when they suffered railroad worker accidents Workers’ compensation laws did little to improve safety in the railroad industry, and with the increase in railroad traffic at the turn of the century, Congress determined that railroad workers need protection. The Federal Employers Liability Act (FELA) provided that protection by giving victims of railroad worker accidents the opportunity to file FELA lawsuits to receive compensation for their medical costs and, when appropriate, suffering.
The FELA regulations are clear: if a railroad company is negligent in any way which leads to railroad worker accidents, that victim can call an attorney to help them file a FELA lawsuit and win compensation for their injury. Not only that, but if victims of railroad worker accidents are killed, their families can also call FELA attorneys to help them file a FELA lawsuit to recover compensation for their loss.
As a result, FELA attorneys have greater opportunity to file FELA lawsuits for their clients. The industry has countered by taking greater pains to ensure a “reasonably safe” work environment. The industry hopes to avoid FELA lawsuits and grounds for FELA attorneys to file them on behalf of accident victims. Not only have safety regulations increased, but maintenance and monitoring of those statutes has tightened. In addition, FELA regulates unreasonable work quotas to prevent accidents caused by overtired and overstressed employees which can open the door for FELA attorneys to file suit.
Damages in FELA Lawsuits
Victims of railroad worker accidents and their FELA attorneys are entitled to ask for compensation and damages in FELA lawsuits to cover three areas:
- Compensation for medical costs for railroad worker accidents
- Compensation for lost wages
- Damages for pain, suffering, and mental distress as a result of railroad worker accidents
In order to receive that compensation, victims of railroad worker accidents and their FELA attorneys must be able to prove negligence on the part of defendants in FELA lawsuits. Those FELA lawsuits can be filed against the railroad company that employs those victims of railroad worker accidents, the manufacturer of faulty equipment that may have caused railroad worker accidents or other employees or visitors who may have intentionally or negligently caused railroad worker accidents.
In order to win FELA lawsuits, FELA attorneys must be able to prove that the defendant was negligent and at fault for railroad worker accidents. An attorney must only show that the defendant was somehow negligent, contributing to the cause of the railroad worker accidents addressed in FELA lawsuits. In these cases, the burden of proof is “featherweight,” which is less than the burden of proof required for most negligence claims.
In addition, courts general consider “comparative negligence” when deciding if, or how much, compensation should be awarded in FELA lawsuits. That means that attorneys must attempt to prove the defendant was 100% at fault for railroad worker accidents. However, the defense will strive to prove a percentage far less than that. In the end, the judge in FELA lawsuits determines the amount of compensation and damages to award based on the percentage of fault, which can be attributed to both the employer, and the victims of railroad worker accidents. For example, if a FELA attorney is able to prove that $100,000 in damages are appropriate, and that the defendant was 75% at fault for injuries from railroad worker accidents, the defendant will be ordered to pay $75,000 to the plaintiff. Since the victim was 25% at fault for their own injuries, they are responsible to pay the remaining 25% of the costs of railroad worker accidents.
Settling FELA Lawsuits
The majority of FELA lawsuits do not go to trial because FELA attorneys are often able to negotiate a settlement with the defendant’s lawyers for railroad worker accidents out of court. In some cases, the court will order both attorneys to “alternative dispute resolution.” This means pretrial negotiations, and possibly mediation or arbitration for the victim’s FELA attorney. If those efforts fail, FELA lawsuits will end up in court. At that point, a FELA attorney needs to be an able litigator to prove employer liability for railroad worker accidents.
FELA lawsuits that do go to trial often have large awards, with experienced FELA attorneys often winning hundreds of thousands to millions of dollars in compensation. That is why it is so important for victims of railroad worker accidents to take their time in choosing attorneys who are skilled in these kinds of cases. A proficient FELA attorney can make the difference between a fifty-fifty split in liability, resulting in no compensation from FELA lawsuits, to damages awards in the millions.