Spring 2001
Volume 108 - No.1
Spring 2001
Volume 108 - No.1
FELA Series
FELA statute of limitations for occupational injuries
The Federal Employers' Liability Act has a three-year statute of limitations, within which an injured railroad worker must file suit to recover damages for his or her injury. It is easy to know when the clock starts if a traumatic injury is sustained, because the limitation period begins to run on the date of the injury.
However, identifying when the statute of limitations begins to run for many occupational injuries - like hearing loss, repetitive motion disorders (such as Carpal Tunnel Syndrome) and pulmonary problems associated with exposure to certain chemicals - is far more difficult.
The FELA statute of limitations is triggered in an occupational injury case when the injured worker knew or should have known: 1) of the existence of the injury; and 2) that workplace exposure was a cause.
This does not mean that you needn't worry about pursuing a claim until a medical doctor tells you that you have been injured in the workplace. In fact, the opposite often is true, especially if there has been a history of such claims being progressed on your property, or the railroad has conducted testing of you or your co-workers for hearing loss or other occupational conditions.
A BLE Designated FELA Counsel in your area can provide you with advice
and answers to questions you may have, to ensure that your legal rights
are protected.
© 2001 Brotherhood of Locomotive Engineers