I have already retired from the railroad many years ago, do I still have a potential claim for an asbestos cancer or mesothelioma?
This is a question we are often asked. These claims arise under something called the Federal Employer's Liability Act (FELA). This federal law sets forth that there is a three-year statute of limitations for such an injury or wrongful death claim, but that the claim does not arise until the worker "knew or should have known" that the claim was connected to their railroad occupation. A careful analysis must be done on the statute of limitations issues. However, passage of more than three years does not prohibit a claim, particularly if there was no awareness or medical professional that had ever given an opinion that the injury or disease was connected to the railroad occupation more than three years before the diagnosis for example.
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