Statute of Limitations Time Period for FELA (Federal Employers’ Liability Act

A statute of limitations is the maximum period of time a person can legally wait to file, that is, begin a lawsuit, or in the criminal courts, for the prosecutor to file charges. The statute of limitations time periods are different at the federal and state levels for different types of lawsuits or crimes, and the time periods at the state level are different from state to state. The statute of limitations limits the length of time that can pass before the right to sue is lost and beyond which the claim can no longer be made.

The Federal Employers' Liability Act has its very own statute of limitations. Under FELA, an injured railroad worker has three (3) years following his or her injury to file or have filed the appropriate papers in a proper court as a lawsuit to recover damages for the injury. In other words, if you are an injured railroad worker, you have three (3) years from the date you are injured to have your case filed in court as a lawsuit, or else your right to sue or make a claim is forever barred.

When a railroad worker is hurt in a date-specific, single-event trauma, the statute of limitations time period can be figured with ease. The statute of limitations time period begins to run the date of the injury and expires three (3) years later.

In cases of occupational illness or injury, the statute of limitations time period is not quite as clear. In these cases, there is not a single-event trauma or a single exposure, rather, there are usually many traumas or many exposures, and it may well be years and years before any symptoms appear. The FELA statute of limitations time period in occupational illnesses, such as asbestosis, silicosis, diesel asthma and the like, or in occupational injuries, such as cumulative trauma disorders, is three (3) years, with the time period being triggered when the injured or ill worker knew or reasonably should have known that he or she had an injury and that the injury was related to his or her railroad work.

Because of the difficulty in determining the statute of limitations in cases of occupational illness or injury, railroaders who are victims of such should consult with an attorney experienced and skilled in occupational illness/injury cases for advice as to their legal rights and assistance in establishing the statute of limitations expiration date.

Three years seems like a long time. And in ways it is. On the other hand, time passes quickly. Lose track of time just a little, and the statute of limitations may expire and with it, will expire your right to sue or make a claimm regardless of the severity of the injury or its validity as a claim.

There are many reasons beyond protecting the statute of limitations to seek legal advice and assistance sooner, rather than later, following an injury. Consider this: when a railroader is injured on the job, there is immediately an adversarial relationship - two sides - the railroad vs. the railroader. On the side of the railroad is a long list of railroad officials, claim agents and lawyers, and almost limitless resources, any combination of which can be called into action upon report of an injury by a railroader to interview and take statements from witnesses, photograph the scene, photograph any involved railcars, tools or equipment, field test or inspect any railcars, tools or equipment, cause reenactment of the incident, and confiscate for "their" testing and keeping (or losing) any railcars, tools or equipment as evidence. On the side of the railroader is the railroader, alone, on his/her own. See any disparity?

If any injured railroader is to have a chance of a level playing field, two things should be done: 1) contact the union at the earliest possible moment after the injury; and 2) consult an attorney skilled and experienced in FELA to get a team of experts on his/her side, a team that protects and preserves the trail of evidence, a team that can establish, monitor and protect the one thing which if ignored and allowed to expire, can result in loss of the right to sue or make a claim - the statute of limitations time period. The Hubbell Law Firm is here for you – “Over a Century of Representing Railroad Employees and their Families” – just contact us.

top of page