State workers’ compensation systems typically only cover an injured worker’s lost wages and incurred medical expenses. In other words, they do not allow claimants to petition for financial compensation based on their personal experience with pain and suffering that directly stemmed from their workplace accident. However, the Federal Employers’ Liability Act (FELA) establishes its own set of guidelines for injured railroad workers to follow, as railroad accidents are deemed to be especially traumatic and catastrophic. This is to say that it may still leave the door open for pain and suffering claims. With all that being said, please follow along to find out whether you can claim pain and suffering for your FELA case and how one of the proficient FELA lawyers at Hildebrand McLeod & Nelson LLP can help you recover the financial compensation you deserve and require to heal.
What is considered pain and suffering in an injury case?
By definition, in a FELA case, pain and suffering refers to both the physical pain and emotional suffering a railroad worker experiences after incurring a work-related injury or injuries. In turn, this may negatively impact their daily activities and overall diminish their quality of life. For example, a railroad worker may be enduring pain and suffering if they feel too ashamed or embarrassed of their physical impairments to be seen in social settings. On top of this, these physical impairments may make it too painful to travel to, attend, and participate in such social gatherings. Ultimately, isolating themselves from their loved ones may subsequently prompt their anxiety, depression, and other forms of mental anguish.
How can I claim pain and suffering in my FELA case?
You must understand that, in a FELA case, pain and suffering is categorized as a non-economic damage rather than an economic damage. Meaning that it may be more difficult to prove and calculate. For instance, lost wages is an economic damage that may be easily determined by multiplying the time a railroad worker had to take off by their wage rate. But on the other hand, a judge and jury may have to step in to quantity pain and suffering based on the severity and duration of the railroad worker’s injury, along with the severity and duration in which it has affected their daily activities and quality of life.
This is why it is important for you to document your feelings of physical pain and emotional suffering from the onset of your injury. This means openly discussing any and all of your issues with your treating medical professional, so that they may possibly offer a convincing testimony on your behalf. Better yet, doing so may help the medical professional treat you in the best way possible, to hopefully alleviate your pain and suffering symptoms sooner rather than later.
If you require legal representation, look no further than one of the talented FELA lawyers. The client testimonials and case results on our website speak for themselves, saying that you will not regret hiring the team at Hildebrand McLeod & Nelson LLP.
