ECONOMIC LOSS

FELA Analysis of Injured Railroad Workers

Railroad workers are not covered under worker’s compensation statutes; rather, the injured railroad worker has the right to recover damages incurred due to a work-related injury under the Federal Employers Liability Act (FELA).  Claims brought under FELA require specific analysis outside the typical personal injury or wrongful death action. 

The personal information we typically use in order to provide an estimate of economic loss may include:

  • Earnings history or the earnings of comparable workers
  • Education
  • Age
  • Union affiliation
  • Seniority
  • Assessment by a vocational expert

Using the information listed above, as well as data on life expectancy, worklife expectancy, interest rates, and information from the Railroad Retirement Board’s method for calculating pensions, Employment Research Corporation will prepare a report detailing the worker’s estimated loss of compensation, including lost pension and medical benefits.

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