If you sustain an injury while working on the railroad due to the negligence of your employer, you may want to file a Federal Employers’ Liability Act (FELA) claim to help you receive the compensation you are entitled to. However, after your injury, you may be more focused on healing. Unfortunately, if you do not file before the statute of limitations expires, you will be unable to pursue justice. Keep reading to learn how much time you have to file and discover how a FELA lawyer can assist you through the claims process.
What Is the Federal Employers’ Liability Act (FELA)?
The Federal Employers’ Liability Act (FELA) is a federal law that helps protect the rights of injured railroad employees by allowing them the right to sue an employer directly for negligence that leads to injuries.
How FELA Differs From Workers’ Compensation
As such, an injured railroad employee will not file a workers’ compensation claim. Unlike workers’ comp, which functions as a no-fault insurance, an injured railroad worker who wishes to file a FELA claim must prove that their employer was negligent in some capacity. Additionally, though FELA requires proof of negligence, workers are eligible to recover full lost wages and pain and suffering damages, which are unavailable for employees who file under workers’ compensation.
Do FELA Claims Have a Statute of Limitations?
It’s important to understand that FELA claims have a statute of limitations. A statute of limitations is the maximum amount of time someone can wait to file a civil lawsuit against another person.
FELA claims are not subject to the statute of limitations of the state where the negligence occurred. As such, under FELA, injured workers will have three years from the date of the injury to file a FELA claim, regardless of where the injury or occupational illness occurred.
If you do not file a claim within the statute of limitations period, you relinquish your right to pursue compensation against the negligent party.
When Does the FELA Statute of Limitations Begin?
Understanding when the statute of limitations for a FELA claim will begin is imperative to ensure you file the claim on time to protect your right to seek compensation for the negligence you were subjected to.
Traumatic or Single-Event Injuries
For injuries that are the result of a singular event, the statute of limitations will begin on the date on which the accident occurred. This commonly includes:
- Slips and falls
- Crush injuries
- Equipment accidents
Occupational Illnesses and Repetitive Trauma (Discovery Rule)
However, some injuries may be cumulative, meaning they occur due to repetition and may not appear as the result of one single event. Under these circumstances, FELA will follow the Discovery Rule:
- The statute of limitations does not start at first exposure
- The three-year timeframe will begin when the worker:
- Knew, or
- Reasonably should have known that the injury or illness was work-related
Common examples of injury or illness that would fall under the discovery rule include:
- Cancer caused by diesel exhaust
- COPD
- Repetitive stress injuries
It’s important to understand that the discovery rule applies even if you are diagnosed decades after working for the railroad. For example, if you retired in 1998, but you were diagnosed with lung cancer in 2025 and learned of the connection to your time spent working in 2025, your deadline to file would be 2028.
What Happens if You Miss the FELA Deadline?
In the event you do not file your case on time, your case will likely be dismissed by the courts. Additionally, you will permanently lose the right to seek compensation, as railroad liability becomes irrelevant upon the expiration of the statute of limitations. As such, ensuring you connect with an experienced attorney to help ensure you meet these strict deadlines is critical to fight for the justice and compensation you deserve.
Why Determining the Deadline Is Often Disputed
Unfortunately, it’s not uncommon for the railroad to do everything in its power to avoid liability for the damages caused by its negligent actions. As such, railroad companies will often dispute these claims, arguing that they are past the statute of limitations because the worker “should have known sooner.”
It is imperative to understand the importance of working with an attorney, as they can help bring in medical records and experts who can corroborate your claims to help you fight for compensation.
How Can an Attorney Help?
Filing a FELA claim can be a confusing process, especially if you don’t know the date when your injury or illness occurred because it took months or years to develop. An experienced attorney can help examine your medical records to determine when the statute of limitations for your case would have started. This is critical, as determining the deadline to file is one of the most difficult aspects of these cases.
Not only can an attorney help you navigate the complex process of determining the statute of limitations, but they will also fight on your behalf to give you the best possible chance of receiving the maximum compensation you deserve for the injury or illness.
Speak With an Experienced Railroad Injury Attorney Today
At Doran & Murphy, we understand that this process can be stressful. However, it’s imperative to contact our office as soon as possible so we can help you receive justice. Our firm is proud to represent railroad workers across the nation. Reach out today to learn how we can assist you.
