FELA Wrongful Death Claims
The Federal Employers’ Liability Act (FELA) provides protections for railroad workers injured on the job. But what happens when a railroad worker is tragically killed due to their employer’s negligence? Surviving family members can file a wrongful death claim under FELA to seek compensation for their loss.
Table of Contents
- What is a Wrongful Death Claim Under FELA?
- Who Can File a Wrongful Death Claim Under FELA?
- Elements of a Successful FELA Wrongful Death Claim
- Damages Available in a FELA Wrongful Death Case
- The FELA Wrongful Death Claim Process
1. What is a Wrongful Death Claim Under FELA?
A wrongful death claim under FELA is a lawsuit filed by the surviving family members of a railroad worker who was killed due to their employer’s negligence. This type of claim allows the family to seek compensation for the financial losses and emotional pain they have suffered as a result of the worker’s death.
2. Who Can File a Wrongful Death Claim Under FELA?
Under FELA, certain family members and dependents of the deceased railroad worker can file a wrongful death claim. This includes the worker’s spouse, children, parents, and dependent siblings. The claim must be filed within three years of the worker’s death.
3. Elements of a Successful FELA Wrongful Death Claim
To win a wrongful death claim under FELA, the plaintiff must prove four elements:
- a. The railroad employer had a duty of care to the worker.
- b. The employer breached this duty through negligence.
- c. The employer’s negligence was the direct cause of the worker’s death.
- d. The surviving family members have suffered financial losses and emotional pain as a result of the worker’s death.
4. Damages Available in a FELA Wrongful Death Case
In a successful FELA wrongful death claim, the plaintiffs can recover damages for:
- a. Loss of support claimed by a spouse or child.
- b. Loss of services claimed by a spouse.
- c. Loss of nurture and guidance claimed by a child.
- d. Medical expenses incurred before the worker’s death.
- e. Funeral and burial expenses.
5. The FELA Wrongful Death Claim Process
The process of filing a FELA wrongful death claim involves several steps:
- a. Notifying the railroad of the worker’s death.
- b. Gathering evidence of the employer’s negligence.
- c. Filing a claim with the railroad’s insurance company.
- d. Negotiating a settlement or litigating the claim in court.