The Statute of Limitations is a time limit contained within the Federal Employers’ Liability Act. This time limit is found at 45 USC §56, which provides the time limit (statute of limitations) and explains jurisdiction under the FELA:
“No action shall be maintained under this chapter unless commenced within three years from the day the cause of action accrued.
Under this chapter an action may be brought in a district court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the United States under this chapter shall be concurrent with that of the courts of the several States.”
How to Calculate the Statute of Limitations for FELA Claims
Sometimes, the time limit is very straightforward: a lawsuit must be filed within three years of an accident at the railroad. Generally speaking, this means that a lawsuit has to be filed on the third anniversary of the accident, at the latest.
Other times, calculating the statute of limitations can be more complicated – like in the case of a progressive disease, or cancer where additional rules can impact the calculations.
The Discovery Rule
The discovery rule is an interpretation of the Statute of Limitations. This interpretation helps to calculate when the statute of limitations starts to “accrue”. This is most often seen in cases where a railroad worker is diagnosed with an occupational cancer. As noted in this prior blog, it would not be fair for the time limit to start running from the date that the worker was exposed to a toxic substance. That worker might have no idea that the substance was even dangerous – and there would not be any way to determine what the damages would be. Two people might be exposed to the same toxin, and one might develop cancer later in life, and the other may not ever develop an exposure-related cancer.
Various courts have then interpreted that the cause of action “accrues” for statute of limitations purposes when the worker knows or should know that he has a health condition that is related to his or her work.
If You Have Questions, Contact an Attorney to Discuss Your Situation
The statute of limitations can be complicated to determine, and each case is evaluated on its own facts. An experienced railroad injury attorney can assist in determining when the statute of limitation starts, and the deadline for filing a lawsuit.
