45 U.S.C. § 59 — Survival of right of action of person injured
submitted 118 years ago by ch. 149 to r/title-45-RAILROADS · 70 words · no verdicts yet
This law lets an injured worker's right to sue survive their death, passing to a personal representative. That claim benefits the surviving spouse and children first, then parents, then dependent next of kin. Only one recovery is allowed for the same injury.
Any right of action given by this chapter to a person suffering injury shall survive to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee, and, if none, then of such employee’s parents; and, if none, then of the next of kin dependent upon such employee, but in such cases there shall be only one recovery for the same injury.
Source credit: (Apr. 22, 1908, ch. 149, § 9, as added Apr. 5, 1910, ch. 143, § 2, 36 Stat. 291.)
- 1908Enacted · Act of Apr. 22, 1908, ch. 149 · 36 Stat. 291
A history note hasn’t been published yet. The record shows enactment by ch. 149 on 1908-04-22.
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