As most people know, you only have a certain amount of time to file a claim when you are involved in a personal injury case. The same applies to railroad workers injured on the job. However, many are unsure what this time limit is, which can impact the outcome of their case. As such, if you have sustained an injury and wish to file a claim, understanding the FELA statute of limitations is crucial to fighting for the compensation you deserve with the help of a FELA lawyer. The following blog explores these matters in greater detail so you can improve your chances of a positive outcome.
What Is FELA?
The Federal Employers’ Liability Act (FELA) is a set of laws and regulations intended to help shield and protect railroad workers from harm by holding employers liable for their negligent actions. Essentially, this allows employees to file a claim against the railroad company for any injuries they sustained. As a result of FELA, railroad companies have worked harder to avoid facing liability for injuries by implementing stricter safety standards. Despite these improvements, workers are still injured by unsafe practices on a regular basis.
FELA differs considerably from traditional workers’ compensation in that workers’ compensation is awarded to any injured worker regardless of who is responsible for the accident, whereas railroad employees can only pursue a FELA claim if their employer is at least partially responsible for the incident.
How Long Do I Have to File a FELA Claim Under the Statute of Limitations?
Like all personal injury claims, you have a limited time frame in which you can file a FELA claim. However, it can be confusing to navigate as your injury may happen in one state while the railroad company is headquartered in another, and both have differing statutes of limitations.
FELA is a federal act, meaning that the statute of limitations for this matter will supersede state laws. As such, regardless of where the injury occurs, you will have three years to file a claim. This period begins on the date your injury occurs, or if you are diagnosed with an illness due to your time on the railroad, three years from the date you were diagnosed with an occupational illness.
If you have been injured or recently diagnosed with an illness linked to your time spent on the railroad, it’s in your best interest to connect with an experienced attorney who can help you with these matters. Unfortunately, you’ll find that trying to navigate a FELA claim on your own can be incredibly complicated as these matters are often heavily disputed and manipulated by the railroad company to protect their best interest.
When you have been hurt while working for a railroad company, it’s in your best interest to connect with the dedicated team at Doran & Murphy. We understand how complicated these matters can be, which is why our team will work to fight for the compensation you deserve so you can focus on healing. Contact us today to learn more
