The Federal Employers’ Liability Act (FELA), enacted in 1908, provides protections for railroad workers injured on the job. It allows them to seek compensation for injuries caused by employer negligence. Understanding the statute of limitations is crucial for filing claims related to both injuries and illnesses sustained during employment.
If you’re a railroad worker who has sustained an on-the-job injury or was diagnosed with a work-related illness, our team at Shapiro, Washburn & Sharp is here to help. We handle cases on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case. Contact us today at 833-997-1774 for a free consultation.
What Is the Statute of Limitations for FELA Injury Claims?
The statute of limitations for FELA injury claims is generally three years from the date the injury occurred or when it was discovered to be related to work conditions. This timeframe allows injured workers to gather evidence and file a claim against their employer for negligence leading to their injuries.
How Does the Statute of Limitations Apply to Occupational Illnesses Under FELA?
For occupational illnesses, such as lung diseases or repetitive stress injuries, the statute of limitations begins to run when the worker knew or should have known that their illness was related to their employment conditions. This awareness triggers the three-year period within which a claim must be filed.
Are There Any Exceptions to the Statute of Limitations Under FELA?
Yes, there are exceptions. Courts may apply the “discovery rule,” which extends the statute of limitations from the date of injury or illness discovery rather than its occurrence. Additionally, certain states may have specific laws that could affect the timeframe or conditions under which a claim can be filed.
What Happens if a FELA Claim Is Filed After the Statute of Limitations Expires?
Filing a FELA claim after the statute of limitations has expired typically results in the claim being dismissed by the court. It’s essential for railroad workers to be aware of and adhere to these time limits to ensure their rights to seek compensation for work-related injuries and illnesses are protected.
This is why it is critical for a railroad worker who has been injured or recently diagnosed with an occupational illness to contact a lawyer who specializes in FELA and railroad worker cases.
How Can Your Railroad Injury Law Firm Help?
Our law firm has represented hundreds of railroad workers since the 1980s, handling their FELA claims throughout the eastern U.S.A., and one of our firm’s attorneys co-wrote the treatise: “Railroad Health & Safety: A Litigator’s Guide,” found in most of the nation’s law libraries.
Contact Shapiro, Washburn & Sharp today at 833-997-1774 to schedule a free consultation with an experienced railroad asbestos attorney. Let us help you seek the justice and compensation you deserve.