I got hurt, but didn’t realize how bad it was. I didn’t file an accident report and days have gone by. Is it too late to file one now?
This FAQ focuses on the amount of time a railroader has to file a claim under the FELA.
This FAQ focuses on the amount of time a railroader has to file a claim under the FELA.
You have three years from the date of the injury to file a claim under the Federal Employers Liability Act.
The FELA does not require a written accident report, especially for a disease claim.
This FAQ addresses the length of time a rail worker has to file a claim for a back injury.
Absolutely not. A federal law, the Federal Employers’ Liability Act, which is usually referred to as FELA, prohibits a railroad from harassing or firing an employee for filing an injury report or giving pertinent evidence relating to an on the job injury. Accordingly, it’s illegal for a railroad to threaten to fire someone for filing an injury or accident report.Railroad’s have nevertheless used this intimidation tactic, telling workers that if they have one more rule violation or accident, they’ll get fired. If a railroad actually did that, the company would be in violation of federal law, particularly if the railroad was negligent in any particular and thereby caused your injury or accident. That negligence liability extends to a co-worker or a defective piece of railroad equipment that leads to your injury.Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks.