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45 U.S.C. § 59Survival of right of action of person injured

submitted 118 years ago by ch. 149 to r/title-45-RAILROADS · 70 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

This section keeps an injured worker's legal claim alive even after the worker dies. Normally, a right to sue could end when the injured person dies. This law says that any right to sue this chapter, a federal railroad-worker injury law, gives to an injured person survives to that person's personal representative — the person legally handling their estate. The representative brings the claim for the benefit of specific people, in order: first, the surviving spouse, described as widow or husband, and children. If there are none, then the employee's parents. If there are no parents either, then the next of kin who depended on the employee. Even though several people might benefit, the law allows only one recovery for the same injury — the money is not multiplied because there are multiple possible beneficiaries.
the actual law source: uscode.house.gov ↗public domain

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.)

history & why it existsrecord from the source credit
  • 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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