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Straight
Track #176
| Preparing For The
Unthinkable James
T. Foley
Hoey & Farina Attorney
1-888-425-1212
Railroad workers face on a daily basis some of the most serious job-related
hazards and risks. According to the federal government, one in ten railroaders
is injured each year. |
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As an attorney who has represented hundreds of injured
railroad workers, I know the risks railroaders face daily. Unfortunately, I also know the consequences when a railroader’s family is unprepared in the event of the unthinkable. This article is an attempt to help railroaders prepare their families in the event of the unthinkable: death while working on the railroad.
Your Family’s Rights Under The FELA
When a railroad worker is killed on the job as a result of negligence on the part of the railroad, the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct. Under the federal law governing railroad workers, the Federal Employers’ Liability Act (FELA), negligence is defined as the railroad's failure to exercise reasonable care in its obligation to the employee, such as providing a safe place to work, proper tools and equipment to do the job, or adequate training. Courts have long held that the railroad's negligence does not have to be the sole cause of an injury or death, and as long as the carrier was at fault - even in the slightest degree - the railroader, or his family, has a right to bring a FELA claim.
Under the FELA, the immediate family members (i.e. spouses, dependent children and parents) of a deceased railroader may bring lawsuit against the railroad. But, a surviving spouse does not have a claim for loss of consortium or loss of society (companionship).
The damages recoverable in a FELA lawsuit stemming from the death of a railroader are those which will compensate the relatives of the deceased railroad worker for the economic loss suffered as a result of the death. For example, damages typically awarded are the loss of support for a spouse or child, and the loss of service to the family. Other damages may include:
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Loss of economic contribution;
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Immediate medical expenses associated with the death;
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Loss of benefits caused by the victim's death (pension, medical coverage, etc.);
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Conscious pain and suffering prior to death if it can be proved.
This type of FELA lawsuit is brought for the benefit of the railroader’s surviving wife or husband and dependent children. If the deceased railroad worker does not have a spouse or children, then the parents of the deceased worker can pursue an action. If the parents are deceased, any dependent next of kin may be allowed to bring a wrongful death action.
Despite the difficulty of losing a loved one, it is important for your family to know to contact designated legal counsel immediately if you should suffer a tragedy while working on the railroad. Not only will an experienced Designated Attorney be able to judge the merit of the FELA claim, but he will inform your family of their rights under state laws and assist in making numerous time-sensitive decisions that could affect your case, such as demanding an autopsy.
When a death occurs on the railroad, the special law protecting railroad workers allows for compensation to the railroad worker’s survivors. Protect your family by informing them of the steps to take in case the unthinkable should ever occur.
You Are Not Alone
I have discussed this topic with many railroaders over the years.** If you have any questions regarding preparing your family for what to do if you suffer an injury on the job, please give me a call.
The Hoey & Farina law firm is designated legal counsel. We are here to answer any and all questions and concerns.
** State laws vary as to the procedure that must be followed in settling a death claim under the FELA. For example, Court approval may be required or a guardian ad litem may need to be appointed. Because there is no uniform standard, no attempt has been made to discuss these issues here.
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