Section 22.7 Death Claims

• Library: Tort Law 2016

F. (§22.7) Death Claims

In case of a work-related employee death, the cause of action survives to the personal representative of the decedent for the benefit of the surviving spouse and children. The courts have interpreted the wrongful death provisions of 45 U.S.C. § 51 to be strictly compensatory. The surviving spouse is entitled to recover the reasonably anticipated monetary contributions over the life expectancy of the decedent, and the children are entitled to damages for the remaining years of their minority or, in the event of disabled children...