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FELA Recoverable Damages

FELA Recoverable Damages

Under the FELA, a jury determines the amount of compensation an injured railroad worker is entitled to receive, if any. While the FELA does not provide for punitive damages against the railroad, it does allow for compensation for both economic and non-economic losses including:

  • Reasonable and necessary medical expenses (past and future)
  • Loss of income (past and future)
  • Loss of the value of fringe benefits (past and future)
  • Loss of future wage earning capacity
  • Pain and suffering (past and future)
  • Physical impairment (disability)
  • Physical disfigurement
  • Emotional/psychological impairments
  • Loss of ability to enjoy a normal life

If a railroad employee dies while working in the course and scope of their employment, the FELA cause of action survives to the employee’s personal representative. The recoverable damages are those which will fairly compensate the relatives of the deceased employee and may include:

  • Loss of support claimed by a spouse or child
  • Loss of services claimed by a spouse
  • Loss of nurture and guidance claimed by a child

The FELA wrongful death claim can be pursued for the benefit of the surviving widow or husband and children of such employee. If the employee was single with no children, then the employee’s parents will be next in line to prosecute the claim. If the employee’s parents are deceased, then the next of kin dependent upon such employee would be in a position to assume the claim.

Great Lawyer!

Jeff Chod was my lawyer in a suit against MRL in Missoula Montana.He
distinguished himself in a very professional manner. His hard work,
extensive knowledge and attention to detail enabled me to get a
satisfactorysettlement. He was easily accessible and quickly attended to all my
questions and worries. I highly recommend Jeff to anyone due to his work
ethic and willingness to go that extra mile to insure his client gets the best
possible results.

~ Brian, Victor, MT
Changed my life

I met Mr. Chod in 2007. It was the best decision I have ever made to
hire him. I was injured and scared, and he did not know me, but gave
me confidence, told me to focus on getting better and he would take
care of the rest. Amazingly he did and I made also a friend for life.

~ Tony, Amelia, OH
My experience was outstanding

As a former MOW employee for Wisconsin Central Railroad in need of an
injury attorney, it has been my experience that good FELA attorneys are hard
to find. After having to fire my first attorney due to a very frustrating
experience, I found attorney Chod and from that point on, my experience
was nothing short of outstanding. Jeff treated me personally with
compassion as if I were his only client and understood completely
the seriousness of my injury. He fought a very long and
tough battle against a team of very high powered attorneys
with due diligence...

~ Todd, Wausau, WI
Railroad Incident

I hired Mr. Chod after I had an incident at a mine here in
Wyoming when I worked for the Union Pacific Railroad
and he did an excellent job of settling my case. Mr. Chod
worked well with myself and the doctors he talked to and
other railroad employees.

~ Connie, Douglas, WY
When you need a winner, he is your guy...

In September of 2014 I suffered a career ending injury at BNSF Railway. The RR choose to not do the right thing even though I continued to have faith in them. I talked to Jeff on a recommendation of a friend after many broken promises by BNSF. I had only done one thing wrong that night, and that was trusting BNSF to accurately train, and prepare a operator to safely work along side me. I talked with Jeff and he helped ease my mind and finally realize that the RR was not conducting themselves in my best interest or livelihood. My injuries physically were were permanent and the PTSD was overwhelming and learning to deal with it was life altering. Jeff worked tirelessly for me and my future well-being. He fought them like David and Goliath and we won.

~ Lisa, Memphis, TN
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