No fees unless we win.
Get a free consultation
73 Reviews
5.0
★★★★★

FELA Wrongful Death Lawsuits [2025 Guide] | File A Claim

Family Members of Deceased Railroad Workers May Be Eligible to File a Claim

A FELA wrongful death lawsuit allows families of railroad workers to seek compensation when a loved one dies due to employer negligence or toxic workplace exposures.

These claims are filed under the Federal Employers Liability Act (FELA), a law that protects railroad employees and their families.

Gianaris Trial Lawyers helps grieving families hold railroad companies accountable and pursue the justice they deserve.

Gianaris Trial Lawyers Landscape Logo 1200 x 630

Was Your Loved One Wrongfully Killed While Working on the Railroad?

A FELA wrongful death claim is a legal action filed by the surviving family members of a railroad worker who died due to their employer’s negligence.

Under the Federal Employers Liability Act (FELA), families can seek compensation for financial losses and emotional pain resulting from the worker’s death.

Eligible claimants typically include the worker’s spouse, children, parents, or dependent siblings.

To succeed, the claim must demonstrate that the railroad employer’s negligence contributed to the fatal incident, such as a train wreck or failure to adhere to safety regulations.

The claim must be filed within three years of the worker’s death, as stipulated by FELA.

Gianaris Trial Lawyers can assist by gathering evidence, navigating the legal process, and advocating for the family’s rights to secure just compensation.

Our attorneys understand that no amount of money can replace a loved one, but we also know how crucial it is for families to get the answers, accountability, and compensation they deserve.

We approach every FELA wrongful death claim with compassion, professionalism, and the unwavering commitment to honor the memory of the railroad worker lost.

At Gianaris Trial Lawyers, we are not just FELA lawyers.

We are partners who walk beside you in the fight for justice and healing.

If you or a loved one has lost someone due to toxic exposure, unsafe working conditions, or negligence in the railroad industry, you may be eligible to file a FELA wrongful death lawsuit and pursue justice on their behalf.

Contact Gianaris Trial Lawyers for a free consultation.

Use the chat feature on this page to find out if you qualify for a FELA wrongful death claim instantly.

How the Federal Employers Liability Act (FELA) Handles Wrongful Death Claims

The Federal Employers Liability Act (FELA), codified at 45 U.S.C. § 51 et seq., was enacted in 1908 to provide railroad workers and their families with a legal avenue to seek compensation for injuries or deaths resulting from employer negligence.

Unlike traditional workers’ compensation systems, FELA is fault-based, requiring proof that the railroad’s negligence played a role in the injury or death.

This distinction allows for potentially greater recoveries, as it considers the full extent of damages suffered by the worker or their family.

In the unfortunate event of a railroad worker’s death due to employer negligence, FELA permits certain family members to file a wrongful death claim.

The claim must be filed within three years of the worker’s death, as stipulated by 45 U.S.C. § 56.

It’s important to note that the claim is brought by the personal representative of the deceased worker’s estate, acting on behalf of the eligible beneficiaries.

To succeed in a FELA wrongful death claim, the plaintiff must establish the following elements:

  • The railroad had a duty to provide a reasonably safe work environment.
  • The railroad breached this duty through negligence.
  • The breach directly caused the worker’s death.
  • The surviving family members suffered financial losses as a result.

Common scenarios leading to such claims include train accidents, exposure to hazardous materials, or failure to adhere to safety regulations enforced by the Federal Railroad Administration.

For instance, inadequate maintenance of freight cars or insufficient training for locomotive engineers can result in fatal incidents.

The National Transportation Safety Board often investigates these accidents to determine underlying causes and recommend safety improvements.

Pursuing a FELA wrongful death claim can be overwhelming and complex for grieving family members.

At Gianaris Trial Lawyers, we are committed to guiding families through this challenging process with empathy and expertise.

Our attorneys work diligently to gather necessary evidence, consult with industry experts, and build a compelling case to hold negligent railroad employers accountable.

We understand the profound impact of such a loss and strive to secure the justice and compensation that families deserve.

Who Can File a FELA Wrongful Death Claim?

Under the Federal Employers Liability Act (FELA), a wrongful death claim must be filed by the personal representative of the deceased railroad worker’s estate.

This representative acts on behalf of the eligible surviving family members who suffered losses due to the death.

The law specifically outlines who can recover damages in the event of a railroad worker’s fatal injury caused by employer negligence.

Eligible parties may include:

  • The surviving spouse
  • The worker’s children
  • The worker’s parents (if dependent)
  • Dependent siblings
  • Other relatives financially dependent on the deceased worker

Each case may vary depending on family structure and state law, but FELA prioritizes dependents and those with financial reliance on the worker.

How Long Do Family Members Have to File a FELA Wrongful Death Claim?

Under the Federal Employers Liability Act (FELA), family members typically have three years from the date of the railroad worker’s death to file a wrongful death claim.

This statutory period applies regardless of whether the claim is filed in state or federal court. When the death results from a singular, identifiable event—such as a train accident, machinery malfunction, or other sudden incident—the three-year clock begins on the date of that incident.

However, in cases involving long-term occupational exposure to hazardous substances like diesel exhaust, asbestos, or benzene, determining the filing deadline can be more complex.

If the cause of death is linked to a latent illness—such as cancer or respiratory disease—the statute of limitations generally begins when the family knew or reasonably should have known that the death was work-related.

This is known as when the “cause of action accrued,” and it allows some flexibility in cases where the connection between railroad employment and illness is not immediately obvious.

Because this timeline can vary and be challenged by railroad employers, it is crucial to consult a FELA attorney as soon as possible to preserve the right to file.

What Damages Can Be Claimed in a FELA Death Case?

Damages recoverable under a FELA wrongful death claim encompass both economic and non-economic losses.

These may include medical expenses incurred prior to death, funeral and burial costs, loss of the deceased’s expected earnings, and loss of companionship and support.

However, FELA does not permit recovery for the emotional distress of the survivors themselves.

In a successful FELA death case, compensation is meant to reflect the measurable impact of the loss on the surviving family members, particularly those who depended on the deceased for financial and personal support.

The damages must be proven with supporting evidence such as tax records, employment history, and expert testimony on projected earnings.

Recoverable damages may include:

  • Medical expenses related to treatment prior to death
  • Funeral and burial costs
  • Loss of financial support based on the deceased’s expected future income
  • Loss of fringe benefits, such as retirement or health insurance the worker would have received
  • Loss of companionship and household services the deceased would have provided
  • Loss of parental guidance and care in cases involving minor children

These damages aim to restore, as much as possible, the financial and relational stability lost due to the worker’s death.

Tragic Examples of Wrongful Death in the Railroad Industry

Railroad work remains one of the most hazardous occupations in the United States, with employees routinely exposed to risks such as moving freight cars, heavy machinery, toxic substances, and unpredictable environmental conditions.

Positions like maintenance-of-way workers, conductors, carmen, and locomotive engineers are particularly vulnerable due to the nature of their duties.

Despite stringent safety regulations enforced by agencies like the Federal Railroad Administration (FRA), fatalities continue to occur, often due to lapses in safety protocols or inadequate protective measures.

Below are documented cases from various states illustrating the dangers faced by railroad workers:

Families affected by such tragedies may seek justice and compensation through FELA wrongful death claims.

Consulting with experienced attorneys can provide guidance on pursuing these cases.

Do You Qualify for a Railroad Worker Wrongful Death Lawsuit?

To qualify for a railroad worker wrongful death lawsuit under the Federal Employers Liability Act (FELA), the death must have resulted from the negligence of a railroad employer or its agents.

FELA allows surviving family members—typically a spouse, children, or parents—to file a claim on behalf of a deceased railroad worker.

The worker must have been engaged in interstate commerce and employed by a railroad covered under FELA at the time of the fatal exposure or injury.

Common qualifying cases involve fatal cancers or illnesses linked to toxic substances such as diesel exhaust, asbestos, or industrial solvents.

Proof of employer negligence is essential, whether through inadequate safety measures, failure to provide protective equipment, or unsafe working conditions.

Families should act quickly, as FELA claims are subject to a strict statute of limitations—usually three years from the date the death was discovered to be linked to railroad work.

Medical records, expert evaluations, and employment history are often critical to proving eligibility.

A FELA attorney can review the circumstances of the death and advise whether surviving loved ones may have a valid wrongful death claim.

Gianaris Trial Lawyers: FELA Wrongful Death Attorneys

The loss of a loved one to occupational exposure is a tragedy no family should have to face alone—especially when that loss stems from preventable hazards in the railroad industry.

At Gianaris Trial Lawyers, we represent families who deserve answers, accountability, and compensation under the Federal Employers Liability Act.

Our team has extensive experience with wrongful death claims involving diesel exhaust, asbestos, benzene, and other toxic substances linked to railroad work.

We approach every case with care, precision, and a commitment to ethical, trial-focused advocacy.

If you believe your family member’s death was caused by unsafe railroad conditions or toxic exposure on the job, we’re here to listen.

Contact Gianaris Trial Lawyers for a confidential, no-cost case evaluation.

We’ll review your potential FELA wrongful death claim and help you understand your legal options.

You don’t owe us anything unless we recover compensation on your behalf.

Call today or use the chat feature on this page to speak directly with a FELA wrongful death attorney.

Frequently Asked Questions

  • What evidence is needed to file a FELA wrongful death claim?

    To file a successful FELA wrongful death claim, the surviving family must prove that the railroad employer’s negligence contributed to the worker’s death.

    This often requires a combination of medical, occupational, and legal documentation.

    Pieces of evidence may include:

    • Employment records showing the worker’s job duties, duration of railroad employment, and exposure risks
    • Medical records and autopsy reports linking the cause of death to workplace exposures (e.g., mesothelioma, leukemia, lung cancer)
    • Expert testimony from medical professionals and industrial hygienists about the toxic substances involved
    • Witness statements from coworkers regarding unsafe conditions or lack of protective measures
    • Safety reports or inspection findings demonstrating employer violations or negligence
    • Union records or grievance filings related to working conditions or prior complaints
    • Proof of financial dependency from surviving spouses or children

    An experienced FELA attorney can gather, organize, and present this evidence to support your claim and increase your chances of securing compensation.

  • How long do I have to file a FELA wrongful death lawsuit?

    Under the Federal Employers Liability Act (FELA), the statute of limitations for filing a wrongful death lawsuit is generally three years from the date the cause of death was—or should have been—reasonably linked to the decedent’s railroad employment.

    This timeline does not necessarily begin at the time of death but rather when the surviving family discovers that toxic exposures or unsafe working conditions likely contributed to the fatal illness or injury.

    Delays in filing can result in the permanent loss of the right to recover damages, so it’s critical to consult a FELA attorney as soon as possible.

    Early legal action allows time to gather medical records, employment history, and expert opinions necessary to build a strong case.

  • What are the steps to filing a FELA wrongful death lawsuit?

    Filing a wrongful death lawsuit under FELA involves several key steps to establish liability and pursue compensation for your family’s loss.

    Here’s a general outline of the process:

    1. Consult a FELA Attorney – Begin by speaking with a lawyer experienced in railroad injury and wrongful death claims to determine whether your case qualifies.
    2. Investigate the Death – Your legal team will review medical records, employment history, and exposure details to establish a link between the death and railroad work.
    3. Gather Evidence – This includes collecting documents, securing expert testimony, and interviewing witnesses who can speak to unsafe working conditions or exposure to toxic substances.
    4. File the Lawsuit – A formal complaint is filed in the appropriate court against the railroad company, outlining the negligence and damages involved.
    5. Enter Discovery – Both sides exchange evidence and conduct depositions, which help build the factual record of the case.
    6. Negotiate or Proceed to Trial – Your attorney may negotiate a settlement or prepare to take the case to trial if a fair agreement cannot be reached.
    7. Recover Compensation – If successful, the lawsuit may result in compensation for medical costs, funeral expenses, lost income, and loss of companionship.

    Each case is unique, and a skilled FELA attorney can guide your family through these steps with clarity and support.

  • Who can file a FELA wrongful death lawsuit?

    A FELA wrongful death lawsuit can be filed by the surviving spouse, children, or dependent parents of a deceased railroad worker whose death was caused by employer negligence.

    If none of these parties exist, the personal representative of the worker’s estate may bring the claim.

    Eligibility depends on the family member’s relationship to the deceased and whether they were financially dependent on them at the time of death.

    Only one lawsuit may be filed on behalf of the deceased, so determining the proper party to bring the claim is essential.

    A FELA attorney can help clarify who qualifies under the statute and guide the filing process accordingly.

  • How is a FELA wrongful death lawsuit different from a standard wrongful death claim?

    A FELA wrongful death lawsuit is specifically designed for railroad workers and governed by federal law, not state wrongful death statutes.

    Unlike standard claims, which typically fall under state tort law, FELA requires the surviving family to prove that the railroad employer’s negligence contributed to the worker’s death—even in part.

    FELA also allows for broader types of damages, including compensation for lost wages, medical expenses, funeral costs, and the emotional and financial losses suffered by the family.

    These cases must be filed in either state or federal court, and they follow unique legal procedures that differ significantly from standard wrongful death actions.

  • What damages can be recovered in a FELA wrongful death lawsuit?

    Families who file a FELA wrongful death lawsuit may be entitled to recover a range of economic and non-economic damages, depending on the specifics of the case.

    Potential recoverable damages include:

    • Loss of financial support the deceased would have provided over their lifetime
    • Medical expenses incurred before death due to the work-related illness or injury
    • Funeral and burial costs related to the worker’s passing
    • Loss of household services the worker would have contributed
    • Loss of companionship and guidance for surviving spouses and children
    • Pain and suffering experienced by the worker prior to death, in some cases
    • Punitive damages, in rare cases involving egregious misconduct by the employer

    Each case is fact-specific, and a FELA attorney can help evaluate which damages apply based on the circumstances and evidence available.

Published by:
Share
Picture of Ted Gianaris
Ted Gianaris

With nearly 30 years of legal experience, Attorney Ted Gianaris has secured over $36 million in compensation for Illinois injury victims, car accident victims, and surviving family members of wrongful death victims.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Gianaris Trial Lawyers and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Illinois injury lawyer, Ted Gianaris, you can do so here.

Gianaris Trial Lawyers does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Additional Resources

Related FELA Lawsuits