The Federal Employers’ Liability Act protects railroad workers who are injured while on-duty or develop a disease due to their working conditions. The time limit to bring a claim is related to when an injury happens, not when the person last worked for the railroad. Even after a worker retires, railroad employees may still have the right to pursue compensation if they are diagnosed with an injury or illness caused by their time spent working on the railroad. Understanding how the law applies to occupational illnesses, delayed diagnoses, and workplace exposures is critical to protecting your rights. Railroad workers can still pursue claims after they retire if their injury or illness was caused by their duties on the railroad and the claim is filed within three years of when they knew or reasonably should have known the condition was related to their prior employment.

How Does FELA Protect Railroad Workers?

The Federal Employers’ Liability Act (FELA) covers traumatic injuries, as well as diseases caused by the job, and the aggravation of pre-existing conditions. To file a FELA claim, the railroad worker will have to prove their employer was negligent and that this negligence caused the injuries or illness.

FELA claims are also unique because the worker only needs to prove that the negligence caused some role in the injury or illness. This means that the railroad company could only be partly responsible for the injury; the company does not need to be the only cause of the railroad workers’ injuries.

Important FELA Claim Facts

  • The Federal Employers’ Liability Act allows railroad workers the right to sue their employers for workplace injuries
  • Workers must be able to prove that railroad negligence contributed to their injury or illness in some capacity
  • Unlike traditional workers’ compensation, FELA allows the plaintiff to seek full damages through a lawsuit
  • Compensation generally includes:
    • Medical bills
    • Lost wages
    • Reduced earning capacity
    • Pain and suffering
    • Loss of enjoyment of life
    • Future medical care
  • This law applies to interstate railroad employees, including those who hold the following positions:
    • Conductors
    • Engineers
    • Machinists
    • Signal maintainers
    • Mechanics
    • Track workers

Can Railroad Workers File a Claim After Retirement?

Yes. Retired railroad workers can still pursue a claim for compensation if their injury or illness was caused by railroad employment and they file within the statute of limitations. All railroad workers are protected under FELA, even those who have retired. There is no time restriction on filing a claim within a certain time period of leaving the railroad, as long as a claim is filed within the three year period relating to when the injury happened and when the worker knew or should have known it to be work-related.

Situations Where Retired Railroad Workers May File a Claim

Under FELA, a retired worker may have a valid FELA claim when:

  • They are diagnosed with an illness linked to workplace exposure after they have retired
  • A worker later learns that the disease was caused by railroad work
  • A previously undiagnosed occupational condition becomes apparent years later
  • A medical professional has linked the diagnosis to workplace conditions

Examples include illnesses caused by exposure to:

  • Asbestos
  • Diesel exhaust
  • Silica dust
  • Pesticides
  • Chemical solvents
  • Welding fumes
  • Benzene and petroleum-based solvents
  • Creosote

What Is the Statute of Limitations for a FELA Claim?

There is a statute of limitations for filing a FELA claim. An injured railroad worker has to file their claim or lawsuit within three years. If a worker does not file within three years, this could lead to case dismissals, even if the claim is substantiated with evidence.

Determining when the clock starts can be very complicated. For a specific event that causes an injury – for example, an accident or derailment – the clock starts right away.

When someone develops a disease over time, determining when the time period starts is more complicated.  The worker must bring a claim within three years of when they were injured and knew or should have known the injury to be work-related.

How the “Discovery Rule” Applies to Occupational Diseases

For occupational diseases, the court will generally impose the “discovery rule.” This means that the statute of limitations will begin when a worker:

  • First discovers their illness
  • Reasonably should have known their illness was work-related
  • Receives a diagnosis that connects the illness to railroad work

The discovery rule is especially important for diseases with considerable latency periods, like:

  • Mesothelioma
  • Leukemia
  • Bladder cancer
  • Colon cancer
  • Lung cancer

Because these diseases can take between ten and fifty years to develop after exposure, many railroad workers only discover their illness well after retirement.

Why Some Railroad Diseases Appear Years After Exposure

Occupational diseases can develop slowly. In fact, some cancers associated with railroad exposure can take decades to appear following the original exposure.

Railroad work is historically dangerous, especially in the decades before modern safety regulations were implemented, as workers often handled dangerous materials like asbestos insulation, industrial solvents, and silica dust from track work.

Examples of Delayed Occupational Diseases

  • Mesothelioma can take 20-50 years after asbestos exposure
  • Lung cancer linked to diesel exhaust exposure may appear years later
  • Leukemia has been associated with benzene and solvent exposure
  • Bladder cancer has been linked to chemical exposures in industrial environments

How a Railroad Injury Attorney Could Help

An experienced railroad injury attorney could help explain your options, and go through the process with you. Our team at Doran & Murphy could help you through the stressful process of filing a FELA claim and keep you updated on your case. Call today to see how a railroad injury attorney could help your case.