Is Wrongful Death Covered By FELA?

Yes, the Federal Employers’ Liability Act (FELA) does cover wrongful death claims, allowing the surviving family members of a railroad worker killed on the job to seek compensation from the railroad employer.

Don’t wait to get legal help if you’re asking, “Is wrongful death covered by FELA?” If you lost a loved one in a railroad accident, partnering with an experienced FELA railroad wrongful death lawyer may be the most important step you take toward justice.

With over 80 years of combined experience helping families like yours, you can trust our railroad wrongful death lawyers in Louisiana to take care of you during this difficult time.

What Is FELA and Who Does It Cover?

Congress passed FELA in 1908 to address the staggering number of deaths and injuries suffered by railroad workers at a time when railroads were among the most dangerous employers in the country.

Unlike standard workers’ compensation systems, which provide fixed benefits regardless of fault, FELA is a fault-based federal law that allows injured workers and their families to sue the railroad directly in federal or state court.

Importantly, railroads cannot remove a FELA case filed in state court to federal court, giving the plaintiff meaningful control over where the case is heard.

To Whom Does FELA Apply?

FELA applies exclusively to employees of interstate railroads, but determining who qualifies is not always as straightforward as it might seem. Coverage hinges on the nature of the work the employee was performing at the time of the injury or death, not simply the title printed on their employment paperwork.

A worker whose day-to-day role might seem far removed from active rail operations could still fall under FELA’s protections if the task they were performing at the time of the accident furthered interstate commerce in any way.

In practice, the workers most commonly covered include:

• Locomotive engineers, conductors, and brakemen
• Track maintenance and repair workers
• Yard workers and switchmen
• Signal and communication workers
• Any railroad employee whose work furthers interstate commerce at the time of injury

If your loved one worked for a railroad covered under FELA and died as a result of the railroad’s negligence, you likely have a wrongful death claim under the statute.

How Wrongful Death Works Under FELA

FELA’s wrongful death provision grants surviving family members the right to pursue a claim when a covered railroad worker dies due to the negligence of the railroad. The personal representative of the deceased worker’s estate typically brings the lawsuit on behalf of the surviving family.

To succeed on a railroad FELA wrongful death claim, the plaintiff must prove that:

1. The deceased was an employee of an interstate railroad
2. The railroad was negligent in some respect
3. That negligence played some part in causing the worker’s death

This “featherweight” causation standard is one of FELA’s most significant advantages over ordinary negligence law. The plaintiff does not need to prove the railroad’s negligence was the primary cause of death, only that it contributed in some way.

Common Causes of FELA Wrongful Death Claims

Railroad work remains one of the most hazardous occupations in the country. Fatal accidents giving rise to FELA wrongful death claims commonly involve:

• Derailments caused by track defects or improper maintenance
• Collisions at highway-rail grade crossings
• Falls from trains, platforms, or elevated structures
• Electrocution from overhead lines or improperly maintained equipment
• Exposure to toxic chemicals or occupational diseases like mesothelioma
• Crushing injuries from coupling and switching operations

Under FELA, railroads carry a legal duty to maintain a reasonably safe working environment. They also have to follow all applicable federal safety standards, including those set and enforced by the Federal Railroad Administration (FRA). When a railroad falls short of those standards, the consequences can extend beyond a regulatory fine.

If an FRA safety violation played any role in a worker’s death, that violation can be used to establish the railroad’s negligence as a matter of law, a legal principle known as negligence per se.

This removes one of the most hotly contested issues in any wrongful death case and can significantly strengthen your family’s claim.

Why You Need an Attorney With FELA Experience

Railroads employ experienced claims agents and defense attorneys whose job is to minimize what the company pays to grieving families. They often make contact with surviving family members quickly, sometimes within days of the accident, and may offer a settlement far below what the claim is actually worth.

FELA cases are technically demanding. They require an understanding of federal railroad regulations, occupational disease medicine, accident reconstruction, and complex damages calculations. At Poolson | Oden, we have the experience to take on the railroads and fight for the full compensation your family deserves.

If your family member was killed in a railroad accident, contact us today. Time matters, and the decisions made in the days and weeks following a fatal accident can affect your family’s recovery for years to come.

Talk to a FELA Railroad Death Lawyer in Louisiana Today

So, is wrongful death covered by FELA? Yes. If a railroad’s negligence played any part in your loved one’s death, FELA gives your family the right to pursue full compensation, including lost wages, loss of household services, loss of parental guidance, and more.

Partnering with an experienced FELA railroad wrongful death lawyer levels the playing field and puts someone in your corner who understands the law, the railroads, and what your family is up against.

At Poolson | Oden, our compassionate team is here to help. Contact us today to discuss your family’s claim.