Protecting Whistleblowers & The Injured

What factors affect the compensation amount of FELA claims?

On Behalf of | Jul 6, 2023 | Fela Claims

Occupational hazards could be present in specific jobs, such as railroad work. These professions require stringent safety regulations to keep workers safe and avoid accidents that could cause injuries or disabilities. Still, some employers could negligently violate safety standards, contributing to incidents and physical harm. In these situations, railroad workers could rely on the Federal Employers’ Liability Act (FELA), allowing them to file claims and recover damages from preventable injuries.

The compensation amount they receive could help cover medical costs and other bills related to the injury. Sometimes, workers could sustain severe harm leaving long-term impairments and affecting their livelihoods. A claim could consider these factors when determining how much they could receive. The following considerations could help determine the compensation amount:

  • Injury’s severity and nature
  • Pain caused by the injury, including reduced quality of life
  • Lost income
  • Medical costs related to the injury
  • Emotional distress

These factors require evidence as a basis for the compensation amount. The worker could receive reduced compensation if the investigation showed that they were partially at fault for the accident, causing the injury.

However, a FELA claim might only be valid based on the circumstances surrounding the injury. Validity could depend on findings that show the employer’s contribution to the incident, such as insufficient safety equipment or other violations.

Providing safe work conditions

Employers of railroad workers must provide work conditions that prioritize safety. Reasonable industry standards are in place to help protect workers from preventable injuries and other occupational health conditions.

Nevertheless, employers have an active role in maintaining and enforcing these standards. If they fail to do so, the law could keep them accountable for their negligence.

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