The Federal Employers Liability Act (FELA) was established over a century ago to protect railroad workers who suffered injuries on the job. Unlike other compensation systems, such as workers’ compensation, FELA allows injured railroad employees to sue their employers for negligence. That said, if you or a loved one has been injured while working on the railroad, you will have to file your FELA claim within the statute of limitations. Continue reading and reach out to our skilled railroad injury lawyers to learn more. Here are some of the questions you may have:
What is the Statute of Limitations for FELA Injury Claims?
When it comes to FELA claims, the statute of limitations is three years. This period begins from the date the injury occurred, but sometimes it’s not as straightforward as it sounds. If you suffer a sudden and obvious injury—like a broken bone from a fall—you will generally have three years from the date of that incident to file your lawsuit.
On the other hand, not all railroad-related injuries are immediately apparent. Some injuries, especially those stemming from prolonged exposure to dangerous substances or repetitive motion stress, develop over time. In such cases, the statute of limitations starts ticking when you either knew or reasonably should have known that your injury was related to your railroad employment. This is commonly referred to as the “discovery rule.” It’s crucial to act promptly if you suspect your health condition is linked to your job, as waiting too long could jeopardize your ability to seek compensation.
What Happens If You Miss the Deadline?
Failing to file your FELA claim within the three-year statute of limitations can have devastating consequences. In most instances, your case will be dismissed, and you will lose the opportunity to recover any compensation for your injuries. This can be particularly harsh for workers dealing with lifelong medical issues, lost income, or reduced quality of life. Courts are generally strict about adhering to the statute of limitations, and exceptions are rare.
If you have further questions or believe you may have a valid FELA claim, please don’t hesitate to contact the skilled railroad injury lawyers here at Hildebrand McLeod & Nelson LLP today. We stand ready to effectively fight for you, every step of the way.