FELA Statute of Limitations and Traumatic Injuries
Under the Federal Employers' Liability Act (FELA), there is a three-year statute of limitations that governs any potential injury claim against the railroad. This means that a claim must be resolved directly with the railroad, or a lawsuit filed in a court of law, within three years of the date of the injury. This time period is set in stone, and failure to settle your claim or file a lawsuit in court within the three-year time period will forever bar an injured employee from receiving compensation for his or her injuries.
FELA Statute of Limitations and Cumulative Trauma Injuries
Railroad employees sustain various types of injuries that do not occur at a definitive time on a specific date. The FELA three-year statute of limitations time period applies to all injury and illness claims against the railroad, including cumulative or repetitive trauma injury claims (i.e. carpal tunnel syndrome, spinal disc injuries) and occupational toxic exposure claims (i.e. certain types of cancer, hearing loss). However, because these types of railroad injuries and illnesses manifest over time, due to multiple exposures in the railroad work environment, but no specific incident or exposure can be attributed to the resulting injury or illness, determining when the three-year statute of limitations time period starts and expires requires a detailed analysis of the circumstances of each individual case. Generally, the law states that the three-year statute of limitations begins to run when the injured railroad worker:
(1) knew, or should have known, that he or she sustained an injury and
(2) knew, or should have known, that the injury is causally related to the railroad working environment.
Importantly, many courts have held that, based on the subjective knowledge standard "should have known," experiencing symptoms of pain can start the running of the three-year FELA statute of limitations — even before a medical doctor has even diagnosed the presence of an injury. Thus, if you are currently experiencing any symptoms of pain, numbness, loss of mobility, weakness or any other related symptom, which you believe may be due to your railroad working environment, contact our office immediately to discuss your situation.
Chicago FELA Injury Claim Lawyers
Determining and then protecting the injured railroad employees' statute of limitations is the most important first step an experienced FELA attorney must take. Contact our office toll free at 877-746-3165 or e-mail us if you have any questions regarding the FELA statute of limitations. We serve clients nationwide, including injured railroad workers in Chicago, Illinois.
