Railroad employees perform difficult jobs that can cause injury over time. The railroad tells you that it is just the nature of the job. The railroad wants you to believe that is okay to retire early with ruined knees, a bad back, and other health problems related to work on the railroad. It is not okay and it is not right. Many times, the injury has been caused by a working career that has involved the wrong kind of tools or the wrong kind of precautions when using the right tools. These types of injuries are called cumulative trauma injuries, they happen over time.
The FELA permits injured employees to recover for these types of injuries if it can be shown that the injury was caused by the railroad work and that the work was not unsafe or not being done in a safe manner. One of the key issues that arises with these types of injuries involves the statute of limitations.
Under FELA, you have three years to bring your lawsuit from the date of the accident. Since there is no one accident with these types on personal injuries, when do you have to file a lawsuit? The answer is that you have three years from the date that you first knew, or should have known, that you had the problem and that it was caused by the railroad.
Many legal battles have been fought over the statute date in a particular case. The result is almost always dependent on the facts of that individual case. If you have questions about your rights as a railroad employee suffering from a cumulative trauma injury, call us and we can let you know what you need to do and when you need to do it.
Railroad workers can collect for injuries. Call the law firm of Wilson & Hajek.