Statute of Limitations (Don’t Miss Your Chance to File)
Did you know that every legal claim has an expiration date? There is a time limit set by the law, called a “statute of limitations,” that specifies how long you have to file a lawsuit after an injury incident or other event giving rise to a claim, like a wrongful termination. If you wait too long, you lose the right to file a lawsuit and, with it, any hope of receiving compensation.
Different types of legal claims have different time limits set by their corresponding statutes of limitations. Here are a few examples of the time limits for legal claims that are common for railroaders:
1) Personal injury claims against a railroad under the Federal Employers’ Liability Act (FELA). You must file a lawsuit within three years of the date of injury.
2) Whistleblower retaliation claims against a railroad under the Federal Railroad Safety Act (FRSA). You must file a complaint with OSHA within 180 days of the retaliation.
3) Disability discrimination under the Americans with Disabilities Act (ADA). You must file a complaint with the EEOC within 180 days of the discrimination, which could be extended in some cases to 300 days depending upon applicable local and state law.
4) Personal injury claims against non-railroads, such as industry customers, crew transport companies, away-from-home hotels, and negligent drivers. The time limit for filing a lawsuit for these claims varies depending on which state your injury occurred in. In Missouri, for example, the time limit is 5 years after the date of injury, while in Arkansas that time limit is 3 years, compared to just 2 years in Kansas.
As you can see, your time limit for filing a lawsuit can vary significantly depending on the type of legal claim you have.
Additionally, when the time limit for a lawsuit “begins” is not always straightforward. For example, if a railroader is exposed to repetitive trauma over a long period, such as that caused by rough track or poor walking conditions, they may develop worsening spine or knee pain but not realize for several years that they are “injured” or that their injury was caused by work. Or a railroader could be exposed to a hazardous substance and then, many years later, develop an illness as a result. In these circumstances, you may still have the right to file a lawsuit, even if more than three years has passed since your first exposure to the unsafe conditions that caused the injury. These examples illustrate how the unique facts of a case can affect the time limit for filing a lawsuit.
The best way to avoid problems is to consult an experienced railroad trial attorney in our office, who can identify all your potential legal claims and their applicable statutes of limitations. But a word of caution—do not wait until the last minute! When you think you may have a legal claim, do yourself a favor and pick up the phone immediately. Involving us from the beginning for advice will help you avoid pitfalls that will harm your case, and it will give us adequate time to conduct research, perform an investigation, gather evidence, and complete other steps to lay the groundwork for success if and when it comes time to file a lawsuit.