FELA Wrongful Death Claims

Compensation for Illinois Families After a Railroad Worker’s Death

Railroad workers who suffer injuries in Illinois due to negligence can file Federal Employers’ Liability Act (FELA) claims. However, what if the employee suffers fatal injuries because of the accident? FELA wrongful death claims allow surviving family members to recover damages that were caused by their loved one’s passing, including economic and non-economic losses.

IL Work Injury Lawyer is a firm of top attorneys based in Chicago that can help you recover compensation after losing a loved one in a railroad industry accident. Our team will hold the railroad company accountable so you can focus on supporting your family during this difficult time. 

Why Choose IL Work Injury Lawyer

A highly-rated law firm can make all the difference in securing fair compensation for the wrongful death claim. At IL Work Injury Lawyer, we maintain an A+ grade from the Better Business Bureau and a five-star rating from AVVO. 

We also have experience helping surviving family members who have lost their loved ones to the railroad industry.

Eduardo, a 38-year-old rail worker at the BNSF Cicero Yard, was walking between tracks during a routine inspection when a contract truck driver entered the yard without proper clearance and struck him. Eduardo died instantly, leaving behind a wife and two young children. The case value was driven by clear video evidence, multiple violations of yard access protocols, and testimony showing the yard had a history of lax third-party oversight. The family members were awarded $7.2 million. 

Who Can File FELA Wrongful Death Claims?

Under 45 U.S.C. §§ 51–60, a personal representative of the family will file the claim after the worker’s death. Potential parties who could be represented in this claim include the surviving spouse, the children, and even the employee’s parents. Other dependent relatives may also benefit from the FELA settlement. 

According to Illinois probate rules, the representative will either be an executor named in the victim’s will or a state-appointed individual who will prioritize the spouse and children. 

What Are Common Railroad Accidents Leading to Fatalities?

Railroad workers face some of the most dangerous conditions in the workforce. Working with heavy equipment on railways or in trainyards can cause fatal injuries. Here are some common types of railroad accidents that could lead to wrongful death claims:

• Train collisions and derailments
• Equipment malfunctions and maintenance failures
• Falls from railcars, platforms, or bridges
• Electrocution or hazardous chemical exposure
• Link each to potential negligence by the railroad

Unsafe working conditions, a lack of proper safety training, or a violation of OSHA or FRA standards may cause these scenarios. Some relevant regulations include OSHA standard code 1917.17 and public law 110-432 (Railway Safety Improvement Act). 

What Damages Can Deceased Employees’ Families Recover?

A successful FELA wrongful death claim can reward the surviving family members with compensation. The two primary categories are economic and non-economic damages.

Economic Damages:

• Loss of financial support and benefits
• Funeral and burial expenses
• Medical bills related to the fatal injury

Non-Economic Damages

• Pain and suffering of the deceased before death
• Loss of companionship and parental guidance
• Emotional distress
• The Role of Comparative Negligence

Punitive Damages

If the railroad employee dies because of gross negligence or intentional misconduct by another party, the family could receive additional compensation called punitive damages. 

Comparative Negligence

In Illinois, there is a comparative negligence statute. If the wrongful death was partially the victim’s fault, the potential damages may be reduced by a similar example.

For example, a railroad worker may slip on a wet surface and suffer fatal injuries. However, he was not wearing proper footwear at the time. A judge or jury may determine he was 30% at fault for the accident, so the potential payout will be reduced by 30%. 

What Is the Time Limit to File a FELA Wrongful Death Case?

Per 45 U.S.C. § 56, the surviving spouse, children, or parents must file their FELA wrongful death case within three years of the victim’s passing. Initiating legal action early is crucial if you want to preserve evidence of the railroad’s negligence. 

How We Can Help with Your Wrongful Death Claim Under the Federal Employers’ Liability Act

IL Work Injury Lawyer will play an essential role in supporting your legal claim. We can begin an immediate investigation to gather accident information, employment records, surveillance footage, medical records, and other documentation. 

Our firm will retain railroad safety and accident reconstruction experts to build your wrongful death case. The more evidence we secure, the easier it will be to prove the railroad company’s negligence. Our top-rated FELA lawyers know what it takes to negotiate for maximum compensation or take the case to trial if necessary. 

Let Us Help You Ensure Your Family Is Fairly Compensated

You do not have to pursue legal action against the railroad employer alone. IL Work Injury Lawyer is uniquely equipped to guide you through the wrongful death claims process with the best chance of recovering legal damages. Whether you are a surviving widow, child, or dependent parent, we will leverage federal law to recover damages with a wrongful death lawsuit. 

As a Chicago-based workplace accident law firm, we can represent railroad workers and family members across Illinois. Contact us today to schedule a free consultation