Summer 2000
Volume 107 - No. 2
Summer 2000
Volume 107 - No. 2
FELA Series
How do you compute damages in a FELA claim?
The question often arises, how do you actually determine the amount of damages in a FELA claim? It must be remembered that unless a claim is settled it is up to a jury to compute the damages to which a plaintiff is entitled.
At any point where damages are being calculated the easiest amount to calculate are the lost wages which also include lost overtime. There would be no future wage loss unless the employee was disqualified for medical reasons, and unable to keep working as an engineer. Under those circumstances, a calculation is made of the future work life expectancy of the employees and the expected earnings over that period. If he or she is totally disabled, that full number is used, but reduced to its present value while taking into consideration probable wage increases. If he is partially disabled so that he could work in other jobs, then the amount of future wage loss is reduced by the expected earnings in the other work the employee could do. For example, if railroad earnings were $16 per hour and the earnings in an alternate job was $10 per hour, the future lost wages would be $6 per hour times the expected work life.
Pain and suffering and effect on lifestyle are obviously very subjective
numbers. This amount is normally calculated based upon the period of time
that it exists and to the degree. For example, a burn injury usually causes
greater pain than a sprain.
© 2000 Brotherhood of Locomotive Engineers