FELA Statute Of Limitations
The general rule under the Federal Employers’ Liability Act (FELA) is that you have three years from the date of your injury to file your lawsuit. If you fail to file your suit before the statute of limitations expires, your claim will probably be dismissed, and you will be out of luck. This is why our attorneys urge injured workers to contact us as soon as they are injured.
Your Right To Recovery Is Limited By The Calendar
If your arm is broken by a malfunctioning tool, your three-year period begins the day of the injury. But not every injury can be dated so easily. Injuries brought on by exposure to toxic materials or conditions may have taken years to develop.
Consider these other common situations:
- Gradual hearing loss
- Cumulative trauma injuries
- Whole body vibration injuries
- Brain damage
- Lung disease
- Asbestos-related illnesses
In these types of cases, the three-year statute of limitations begins from the time the symptoms of the injury or illness first became known to the employee, and when the employee knew or should have known the injury or illness was caused by the employee’s railroad job.
Maximum Compensation For Railroad Injury Claims
If you or a family member has suffered a railroad-related injury or illness, or if you have lost a family member while he or she was working for a railroad or who died as the result of a railroad-related exposure, you may have a right to recover damages under the FELA.