When you receive a phone call that your loved one has been injured on the job, it can be devastating. However, when they succumb to their injuries, you may feel as though your world has shattered. It’s important to understand that while money cannot replace the void left by the loss of your loved one, it can help ease the financial anxieties you may feel by their wrongful death. If your loved one’s death was in part due to negligence from their employer, understanding how the Federal Employers’ Liability Act and a FELA lawyer can help you recover compensation is critical. The following blog explores what you should know about these complicated matters
Can Survivors of Wrongful Death Victims Recover FELA Compensation?
If your loved one has passed away due to injuries caused by the negligence of their railroad employer, it’s critical to understand the process of receiving compensation for the damages caused.
As FELA helps cover the economic and non-economic damages inflicted on a worker, if they pass away, their loved ones can recover compensation by filing a claim. Typically, the surviving spouse or a personal representative for the estate will file a claim through FELA. As such, the first step in this process is to demonstrate that the employee’s death was caused, in whole or in part, by the negligence from their employer.
In the event the worker passes away with no parents, spouse, or children, their dependent next of kin will recover the funds on their behalf. This will vary based on each person’s family but could include siblings, nieces and nephews, cousins, or aunts and uncles.
What Damages Can Be Awarded?
Understanding what compensation you can fight for when your loved one passes away is critical. Generally, you’ll find that you can recover compensation for the pain and suffering your loved one experienced before their passing, their medical expenses, and the financial damages your family experiences as a result of the loss of income. This loss of income includes benefits, household services, and pension benefits.
It’s important to understand that you cannot seek punitive damages, which serve to hold the railroad liable for its negligence by punishing it monetarily. Additionally, though you may suffer emotional damages as a result of the death of your loved one, you cannot recover compensation for the non-economic damages you have suffered.
Though money cannot bring back your loved one, it’s imperative to hold the railroad responsible for the negligence that caused your loved one’s untimely death. However, you should connect with an experienced attorney who can help guide you through these complicated matters. At Doran & Murphy, we understand how devastating these matters can be, which is why we can assist you through these matters. Connect with us today to learn how we can fight for you during these devastating times.
