What Damages Are Available Under FELA?
Under the Federal Employers’ Liability Act (FELA), railroad workers who are injured on the job may recover significant damages that are better than typical workers’ compensation benefits. However, the damages that are available under FELA for your specific situation will depend on the details of your accident and the severity of your injuries.
If you or someone you love suffered injuries while working for the railroad, our FELA lawyers can explain what FELA covers and how you can move forward with filing a claim. Connect with our team to learn more.
Compensation Available Through FELA After a Railroad Work Accident
If the railroad’s negligence led to an accident, injured railroad workers may recover both economic and non-economic damages with a FELA claim.
Economic damages are the measurable expenses and financial losses caused by the railroad work accident, such as:
- Cost of future medical care
- Lost wages due to time off work
- Loss of future earnings if an injury is long-term or permanent
- Loss of benefits, including health insurance or pensions
Non-economic damages are the intangible losses and suffering the injured worker experiences as a result of the accident, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or physical impairment
- Scarring or disfigurement
FELA applies a pure comparative fault system to injury claims, allowing injured workers who share some fault to recover partial damages. While a claimant who is partially responsible can still receive compensation, the amount awarded is proportionately reduced by their percentage of fault.
Are There Damage Caps on FELA Claims?
Unlike many state workers’ compensation systems that limit the types of damages available or the amount awarded, there are no statutory damage caps on FELA claims. This means railroad workers who are hurt on the job can recover the full value of their economic and non-economic damages, including lost wages.
Because FELA is a federal law, it is not subject to state-law damage caps that apply to state personal injury claims. However, this only applies to compensatory damages. FELA does not allow for punitive damages, which are additional court-ordered damages intended to punish the at-fault party for particularly egregious behavior.
How Can I Receive Compensation Following a Railroad Accident?
To recover compensation for your FELA claim, you must prove that your employer’s negligence fully or partially caused your injury. You must establish all elements of negligence, including:
- Duty of care: The railroad owed you a legal duty to maintain a reasonably safe work environment.
- Breach of duty: The railroad failed in its duty by allowing a dangerous condition to exist in the workplace.
- Causation: The railroad’s failure to fulfill its duty played a part in the accident that caused your injuries.
- Damages: You suffered losses as a result of the workplace accident, such as lost wages.
Unlike most Virginia personal injury cases, you don’t have to prove proximate cause with FELA claims. Instead, you only need to establish that the employer’s negligence in part led to the accident.
An experienced FELA lawyer can help by gathering evidence to prove negligence and fighting for the maximum compensation available for your claim.
How Much Can I Recover After a Railroad Accident on the Job?
Every case is unique, and how much your FELA claim is worth will depend on several factors, including:
- The severity of your injury: Serious injuries often lead to long recovery times, missed work, and costly medical care. If you can show the extent of your financial losses, it can increase the amount you recover.
- Emotional trauma: Major injuries and the onset of significant illness can cause severe mental and emotional trauma. That trauma is considered as a factor when calculating your award.
- If the injury worsened a preexisting condition: The total award may be lessened if the severity of the injury was due in part to a condition not related to the negligence of the company.
- How your future is affected: If your injury causes chronic pain, long-term impairments, or permanent disabilities, you are entitled to compensation for future losses and how they may affect your life.
FELA Recovery Following the Death of a Loved One
Dangerous working conditions sometimes force families to confront the unthinkable. If you have lost a loved one due to a railroad company’s negligence, FELA allows your family to recover damages through a personal representative, like the administrator of the decedent’s estate. An award of damages for wrongful death as a result of a railroad accident takes into account:
- Damages for pain and suffering the individual experienced before passing away
- Medical care and funeral expenses
- Future financial losses resulting from your loved one’s death
An action for wrongful death can be based on any form of negligence on the part of the railroad company, including instances like head-on train collisions, derailments, or amputation of a leg or arm from a rail yard accident.
Contact a FELA Attorney
At Cooper Hurley Injury Lawyers, we know how devastating a railroad accident can be to injured workers and their families. You may be facing significant medical expenses, painful treatments, lost income, and the stress of not knowing how you will pay your bills. That’s why our FELA lawyers are dedicated to helping injured railroad employees understand their rights and legal options to claim compensation.
Attorney John Cooper is the past chair of the FELA Litigation Group of the American Association for Justice and Attorney Bailey Gifford will be chair starting in July 2026offering a breadth of knowledge on FELA law to help injured rail workers navigate this complex process. Get your questions answered by calling (757) 333-3333 or contacting us online to schedule a free consultation.
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