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:
The Federal Statute of Limitations for FELA Claims
Like all injury reports, you must file your Federal Employers’ Liability Act claim within a certain timeframe in order to fight for the compensation you deserve if your employer’s negligence caused your injuries.
The Basic Rule – Three Years to File
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.
When the Three-Year Deadline Starts – Sudden vs. Latent Injuries
Due to the nature of railroad work, some injuries may not be readily apparent. In fact, some injuries or illnesses may take years to develop. As such, many workers who develop injuries after the statute of limitations expires are under the assumption that they are ineligible to file a claim, which is far from the truth.
Sudden, Obvious Injuries
These injuries, as the name suggests, are typically caused by a singular event and result in immediate trauma. These include:
- Slips and falls
- Equipment malfunctions
- Lifting injuries
- Electrocutions
- Burns
- Head trauma
Latent or Occupational Injuries (Discovery Rule)
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 three-year statute of limitations starts 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.
It’s important to understand, however, that the court reserves the right to reject the discovery rule if the injured worker ignored clear symptoms or failed to act reasonably to investigate the cause.
Why You Should Not Wait to File a FELA Claim
While you may assume that filing a claim can wait, as you have three years to pursue a claim, this is far from the truth. In reality, the sooner you file a claim, the better it can be for your case.
Evidence Gets Harder to Collect
- Witness memories fade
- Supervisors change roles or leave the company
- Medical documentation gets harder to link to the workplace
- Records can be lost or overwritten
Waiting Can Hurt Your Case
Delays in filing can give the railroad the opportunity to argue that the injury you have suffered is not work-related or that your claim lacks credibility. Additionally, the railroad will argue that the injury is not work-related, and the amount of time between can support their counterclaims.
What Happens if You Miss the Deadline
Failing to file your FELA claim within the three-year statute of limitations can have devastating consequences:
- Your case will likely be dismissed
- You lose the right to seek compensation
- You will not recover funds for medical bills, lost wages, or disability
The deadline for filing a claim is strictly enforced by the courts, and exceptions are exceedingly uncommon. As such, filing on time is critical to fight for the justice and compensation you deserve.
Statute of Limitations and State Law
One aspect of the statute of limitations that many injured railroad workers are unfamiliar with is which statute of limitations will apply to their case if they are hurt in a state that has a different law than the three-year rule.
FELA Claims Follow Federal Law, Not State Deadlines
It’s critical to understand that FELA supersedes state law when determining the statute of limitations. As such, if you are injured in California, which has a two-year statute of limitations for personal injury claims, you must adhere to the FELA statute of three years. This is beneficial to workers in states with shorter timelines.
Learn How Our West Coast FELA Lawyers Can Help You
If you were hurt on the railroad, it can be incredibly overwhelming to navigate the FELA claims process. As such, it’s in your best interest to connect with an experienced attorney with Hildebrand McLeod & Nelson LLP today. We stand ready to effectively fight for you, every step of the way. Contact us today to discuss the circumstances of your case with a member of our firm.
