In a FELA, or Federal Employers’ Liability Act, case, Virginia railroad injury victims should attempt to recover the following:
Past and future medical expenses, including hospitalization expenses.
Past and future lost wages.
Past and future pain and mental suffering compensation.
Past and future disability and loss of earning capacity.
Permanent injury, deformity or disfigurement compensation.
Keep in mind that recovery under FELA is granted instead of recovery under state workers’ compensation laws, and recovery is not permitted for both FELA and workers’ compensation. FELA allows financial recovery for pain and suffering, with the amount being decided by a jury based on comparative negligence, rather than according to a predetermined benefits schedule, such as that used in ordinary workers’ compensation cases.
Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks. You may find our list “What Not to Do After a Railroad Accident” especially helpful.