Understanding the Federal Employers Liability Act
The Federal Employers Liability Act (FELA) was enacted in 1908 to protect the rights of railroad workers who were injured on the job. The FELA provides a way for injured workers to seek compensation from their employers for injuries caused by the negligence of the employer or its employees. However, there is a time limit, known as the FELA statute of limitations, within which a claim must be filed.
The statute of limitations varies depending on the state where the claim is filed, but in general, it is two to three years from the date of the injury. This means that a worker who is injured on the job must file a claim for compensation within two to three years of the date of the injury, or they may lose their right to seek compensation.
The purpose of the FELA statute of limitations is to ensure that claims are filed in a timely manner so that evidence is still fresh and available, and witnesses can still be located and questioned. This is important because railroad companies have been known to destroy or dispose of evidence that could be used against them in a lawsuit. By requiring injured workers to file their claims within a certain time frame, the FELA statute of limitations helps to ensure that the evidence is still available and that the injured worker has a fair chance to present their case.
It is important for injured workers to understand the FELA statute of limitations and to file their claims within the required time frame. Failure to file a claim within the statute of limitations may result in the claim being barred and the injured worker being unable to recover compensation for their injuries.
In some cases, the FELA statute of limitations may be extended. For example, if the injured worker was mentally or physically incapacitated and unable to file a claim within the statute of limitations, the time period for filing the claim may be extended. Similarly, if the injured worker was a minor at the time of the injury, the statute of limitations may be extended until they reach the age of majority.
In conclusion, the FELA statute of limitations is an important legal requirement that injured railroad workers must be aware of. It is important to file a claim within the required time frame to ensure that evidence is still available and that the injured worker has a fair chance to present their case. If you are a railroad worker who has been injured on the job, it is important to consult with an experienced FELA attorney as soon as possible to ensure that your rights are protected and that you receive the compensation you are entitled to under the law.