What happens to my FELA claim if I pass away from my work injury?

Who can file a wrongful death claim under FELA?

FELA allows surviving spouses, children, and dependent parents to file wrongful death claims. Depending on the circumstances, dependent siblings or other relatives of the deceased worker may also be entitled to compensation. A claim is usually filed by the personal representative of the deceased worker's estate on behalf of the family members of the deceased worker.

Types of compensation available to surviving families

FELA wrongful death claims give families the opportunity to recover both economic and non-economic damages. A few examples of economic damages are as follows:

• Medical expenses the worker incurred before death
• Funeral and burial costs
• Lost wages and employment benefits
• Pension contributions the deceased would have earned
• Value of household services such as childcare and home maintenance

Other than economic damages, non-economic damages are intended to compensate families for their profound losses. Surviving family members may be entitled to compensation in the following situations:

• Loss of companionship, comfort, and guidance
• Emotional support the deceased provided
• Pain and suffering the worker endured before death

Proving negligence in wrongful death cases

FELA wrongful death claims must prove the railroad's negligence contributed to the worker's death. In death cases, the legal standard is the same as in injury cases: the railroad's negligence must have played an elemental role in causing the injury or death. 

Injury severity and circumstances, foreseeability of harm, evidence of negligence or unsafe conditions, the worker's role and responsibilities, the deceased's age, earning potential, and the dependency status of the surviving family members all play a role in determining damages.

ELG Law provides legal assistance to the families of deceased railroad workers

We have extensive experience handling FELA claims and understand how devastating these losses can be for families. We can evaluate your wrongful death claim if you provide death certificates, medical records, employment records, and documentation of financial dependency if your loved one died as a result of a railroad work injury or occupational cancer. For a free case evaluation, contact Environmental Litigation Group today and let our attorneys help you file a wrongful death claim and pursue compensation for your family.