Types of compensation you can recover for a spine injury under FELA include medical expenses, lost wages, lost earning capacity, and pain and suffering.
Your claim’s overall value will depend on the severity of your injury, how much time you miss at work, and other case-specific factors.
The outcome of a railroad injury claim can shape your future for years to come. A railroad spine injury lawyer can help you file a claim and obtain a settlement that accounts for your losses.
What Types of Compensation Can You Recover for a Spine Injury Under FELA?
The Federal Employers’ Liability Act (FELA) provides injured railroad workers with the opportunity to recover several types of damages, including:
- Medical expenses: You can be compensated for all past, current, and future medical bills related to your spinal injury, such as surgeries, hospital stays, physical therapy, medications, assistive devices, and rehabilitation services.
- Lost wages: If your injury has caused you to miss work, you can recover compensation for the income you have already lost. This may include overtime, bonuses, and other earnings you would have received if you had not been injured.
- Loss of future earning capacity: If your spinal injury prevents you from returning to your previous job or limits your ability to work in the future, you may be compensated for the reduction in your earning potential over time.
- Pain and suffering: Unlike workers’ compensation, FELA allows recovery for physical pain and emotional distress. Chronic pain, discomfort, and the mental toll of living with a spinal injury are all considered when calculating this type of compensation.
- Emotional distress: Beyond physical suffering, spinal injuries often lead to depression, anxiety, or emotional trauma. These psychological effects can increase your compensation.
- Loss of enjoyment of life: If your injury prevents you from participating in hobbies, activities, or daily routines you once enjoyed, you may be entitled to compensation for diminished quality of life.
- Disfigurement or permanent disability: Severe spinal injuries can result in permanent impairment or visible physical changes. Additional compensation may be awarded if this happens to you.
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How Much Is My Railroad Injury Claim Worth?
Every railroad spine injury case is different. Workers can recover anywhere from thousands of dollars to over $1 million, depending on factors like:
- Injury severity: More serious injuries typically result in higher compensation due to greater medical costs and the long-term impact of the injury.
- Extent of negligence: The clearer and stronger the evidence of employer negligence, the more likely you are to secure a substantial recovery.
- Your level of fault: Any contribution you made to the accident can reduce your compensation. Even though the railroad may blame you for the accident, it is important you speak with a Designated FELA Attorney because you may still be entitled to compensation regardless of your level of fault in the accident.
- Impact on your ability to work: If your injury prevents you from returning to your job or limits your earning capacity, your claim’s value will likely increase.
- Age and overall health: Younger workers or those with otherwise good health may receive higher compensation for long-term losses.
How Is FELA Compensation Different From Workers’ Compensation?
Under workers’ compensation, benefits are typically limited and predetermined. You generally cannot recover damages for pain and suffering or emotional distress. The Federal Employers’ Liability Act, on the other hand, allows for the recovery of non-economic damages.
Unlike with workers’ comp, to recover compensation under FELA, you must prove that your employer (or another railroad employee) was negligent and that this negligence contributed to your injury. Even partial fault on the part of the railroad can be enough, but you must establish negligence to recover compensation.
Another key difference is comparative negligence. If you are found partially responsible for your injury in a FELA case, your compensation may be reduced by your percentage of fault. For example, if you are awarded $500,000 but found 20% at fault, your recovery would be reduced to $400,000.
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How Do You Prove Negligence in a FELA Spine Injury Claim?
To recover compensation under FELA, you must establish that your employer’s negligence contributed to your on-duty railroad injury.
Examples of employer negligence include:
- Failure to provide a safe work environment: Employers are required to maintain reasonably safe conditions. Hazards that are ignored or not addressed can provide grounds for a claim.
- Inadequate training or supervision: If you were not properly trained to perform your job safely, this may be considered negligence.
- Violation of safety regulations: Failure to comply with industry safety standards can strengthen your case.
- Defective equipment: Employers are responsible for ensuring that tools and machinery are safe to use.
- Lack of proper staffing: Understaffed crews can lead to unsafe working conditions and increased risk of injury.
Evidence such as accident reports, medical records, witness statements, and expert testimony can all support your claim.
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Common Causes of Spinal Injuries in Railroad Work
Railroad environments contain a variety of hazards.
Some of the most common causes of spine injuries include:
- Slip and fall accidents: Uneven surfaces, wet conditions, or debris cause falls that result in spinal trauma.
- Heavy lifting and repetitive strain: Lifting equipment or performing repetitive tasks without proper support can lead to herniated discs and other spinal issues.
- Equipment failures: Malfunctioning tools or machinery can cause sudden injuries or forceful impacts to the spine.
- Train accidents or collisions: High-impact incidents can result in severe spinal damage, including fractures or paralysis.
- Unsafe work conditions: Poorly maintained work areas, lack of proper training, or inadequate safety protocols can all contribute to spinal injuries.
Speak to a Railroad Spine Injury Attorney
A spine injury can have serious medical, emotional, and financial consequences. If you were injured at work on-duty due to the railroad’s negligence, a railroad spine injury attorney from Poolson | Oden can help you put together a comprehensive claim and obtain a fair settlement.
Book a free case review to find out how you can protect yourself and your family for your on-duty injury.
