Title 45 — RailroadsRelease 119-73
§59 Survival of right of action of person injured
Title 45 › Chapter CHAPTER 2— - LIABILITY FOR INJURIES TO EMPLOYEES › § 59
Summary
A legal claim for an injury can be continued by the injured person’s personal representative (their legal representative or executor) after the person dies. Any money recovered must go first to the surviving spouse and children; if there are none, then to the parents; if there are none, then to other next of kin who depended on the person, and only one award is allowed for the same injury.
Full Legal Text
Title 45, §59
Railroads — Source: USLM XML via OLRC
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.
Reference
Citations & Metadata
Citation
45 U.S.C. § 59
Title 45 — Railroads
Last Updated
Apr 6, 2026
Release point: 119-73