FELA Statute of Limitations [July 2025 Updated Guide]

The Federal Employers Liability Act (FELA) is a federal law created to protect workers in the railroad industry who suffer injuries due to their employer’s negligence.

Unlike traditional workers’ compensation systems, FELA allows injured workers—or their personal representative the event the worker is killed—to file a lawsuit directly against the railroad employer.

To maintain your right to benefits under FELA, you must file the claim within three years of the injury or the point at which the injury or illness should reasonably have been discovered.

This rule also applies in occupational disease cases, such as cancer caused by asbestos or diesel exposure, where symptoms may appear years after employment ends.

For wrongful death cases, the claim must also be filed within three years of the worker’s passing, with the lawsuit brought by a qualified personal representative on behalf of the deceased.

FELA claims can be brought in either state or federal court, offering flexibility not typically available in state-level workers compensation programs.

In some cases, especially those filed in certain states, local procedural rules may influence how evidence is gathered and presented.

FELA also differs in that it follows a comparative negligence model rather than a no-fault system.

This means if an injured railroad worker is found partially responsible for the accident, their award may be reduced in proportion to their share of fault—but they are not barred from recovery entirely.

Points to consider regarding the FELA statute of limitations:

• Three-Year Time Limit: The claim must be filed within three years of the date of the accident or discovery of a work-related illness.
• Discovery Rule: In cases involving toxic exposure or cumulative trauma, the time limit begins when the worker knew or should have known the condition was work-related.
• Wrongful Death Claims: A personal representative must bring the claim within three years of the date the worker was killed.
• Contributory Negligence Considered: FELA reduces compensation in proportion to the injured worker’s own role in the incident but does not eliminate recovery.
• Negligence Attributable to the Railroad: The plaintiff must show that negligence attributable to the railroad employer contributed, even slightly, to the injury.
• Filed in Federal Court or State Court: Depending on strategic preference and jurisdiction, claims may be filed in either venue.
• Covers Physical and Occupational Illnesses: Injuries may arise from defective equipment, poor working conditions, or exposure to toxic substances.

Failing to file within the specified timeframe can result in the loss of the right to seek compensation.

It’s imperative for injured railroad workers or their families to act promptly and seek legal counsel to protect their rights under this federal law.

When Does the FELA Statute of Limitations Begin?

Under the Federal Employers Liability Act (FELA), the standard statute of limitations is three years—but exactly when that period begins depends on the nature of the injury or illness.

For injuries caused by a single traumatic event—such as a derailment, fall, or equipment failure—the three-year clock typically starts on the date the accident occurred.

In these cases, the injury is immediate and apparent, and the filing deadline is straightforward.

However, for occupational diseases or cumulative trauma—such as lung cancer from diesel exhaust, mesothelioma from asbestos, or repetitive stress injuries—the start of the limitations period is governed by what’s known as the “discovery rule.”

This means the three years begin when the worker knew or reasonably should have known that their condition was related to their railroad employment.

For example, if a former railroad worker is diagnosed with kidney cancer in 2024 and medical evidence links the cancer to long-term benzene exposure during their career, the statute of limitations would begin at the point of diagnosis, not when the exposure originally occurred.

This flexibility helps protect workers who suffer from illnesses with long latency periods and may not show symptoms until years after exposure ends.

It’s important to note, however, that courts will assess what a “reasonable person” in the worker’s position would have known, so delays in seeking medical attention or ignoring symptoms can complicate claims.

Determining the exact starting point of a FELA statute of limitations requires a fact-specific analysis.

If you’re unsure when your claim period began—or if a deceased loved one may have been affected—it is essential to speak with a FELA attorney immediately to protect your right to recovery.

Failing to file your FELA claim within the required three-year statute of limitations can have serious, irreversible consequences.

Courts strictly enforce the filing deadline, and claims submitted after the statute expires are almost always dismissed—regardless of how severe the injury or how clear the railroad employer’s negligence may be.

This means that if an injured railroad worker or their personal representative fails to act in time, they risk the right to pursue compensation altogether.

The financial repercussions of missing the deadline can be devastating.

Injured workers and their families may be left to shoulder medical expenses, lost earnings, long-term care costs, and other burdens without legal recourse.

This is particularly damaging in cases involving occupational diseases like cancer, where treatment is expensive and ongoing.

Delaying legal action can also compromise the strength of your case.

As time passes, crucial evidence may be lost: equipment may be replaced or discarded, accident scenes may change, and witnesses’ memories may fade.

Without strong supporting documentation and testimony, even a valid claim can become difficult to prove.

Although there are some limited exceptions to the statute of limitations (such as cases involving fraud, mental incapacity, or the “discovery rule” for latent illnesses) courts grant these exceptions rarely and only under strict conditions.

Most FELA claims must be filed within three years of the injury or reasonable discovery of the illness.

Because of the high stakes involved, it is critical to speak with an experienced FELA attorney as soon as possible after an accident or diagnosis.

An attorney can help determine when the limitations period began, evaluate your eligibility, and act quickly to preserve your legal rights.

Waiting too long may not only cost you your case—it may cost you the compensation you and your family need to recover and rebuild.

Filing a FELA claim within the statute of limitations involves several key steps, each designed to establish that the railroad employer is legally liable for the injury or illness.

The injured worker must show that their railroad employer violated a safety statute, failed to maintain safe working conditions, or provided defective equipment or machinery that led to harm on the job.

Because FELA is a fault-based system, you don’t just sue because you were injured—you must prove that your employer’s negligence contributed in some proportion to the injury.

To do this effectively, especially within the three-year timeframe, it’s important to act quickly and deliberately.

Here are the essential steps for filing a FELA claim in time:

1. Seek immediate medical treatment and document your injuries clearly.
2. Notify your employer that you were injured while employed in the railroad industry.
3. Consult a FELA attorney to determine whether a safety statute was violated or if your employer may be liable.
4. Gather and preserve evidence, including incident reports, medical records, witness statements, and photographs of the job site or equipment.
5. File the claim in state or federal court before the three-year statute of limitations expires.
6. Negotiate or prepare for trial, depending on whether the railroad company offers a fair settlement.
7. Pursue full compensation, including lost wages, pain and suffering, and any future losses stemming from the injury.

Gathering Evidence for Your FELA Injury Claim

To succeed in a FELA injury claim, you’ll need strong evidence that shows how your railroad employer’s negligence contributed to your injury.

Preserving accurate and detailed documentation early in the process is critical—especially while witnesses and conditions are still fresh.

Your attorney can help collect and organize the following key pieces of evidence:

• Medical records detailing your diagnosis, treatment, and long-term outlook
• Accident reports filed with your employer or supervisor
• Photographs of unsafe equipment, work areas, or visible injuries
• Witness statements from coworkers who saw the incident or unsafe conditions
• Telephone numbers and contact information for witnesses or medical providers
• Employment records showing your job duties and history
• Documentation of safety violations or prior complaints about hazardous conditions

Recoverable Damages Under FELA

Recovering damages under the Federal Employers Liability Act (FELA) goes beyond covering immediate medical bills—it aims to compensate injured railroad workers for the full extent of their losses.

Because FELA is not a no-fault system like traditional workers’ compensation, successful claims may include both economic and non-economic damages tied directly to the railroad’s negligence.

These damages reflect not only your past and current losses, but also the impact your injury will have on your future health, earnings, and quality of life.

Common recoverable damages in FELA claims include:

• Medical expenses: including hospitalization, surgery, rehabilitation, and future care
• Lost wages: covering income missed due to injury or recovery
• Loss of earning capacity: if your injury limits your ability to return to work or perform the same duties
• Pain and suffering: compensation for physical pain and emotional distress caused by the injury
• Loss of enjoyment of life: for the inability to engage in normal daily activities or hobbies
• Disability-related expenses: such as home modifications, mobility aids, or long-term caregiving
• Wrongful death damages: available to family members if the worker was killed as a result of the injury or illness

An experienced FELA attorney can assess which of these damages apply in your case and work to secure the maximum recovery you are entitled to under the law.

To qualify for a FELA lawsuit, you must be a railroad employee who was injured while working for a railroad engaged in interstate commerce.

The injury must have occurred while you were acting within the scope of your employment, whether on a moving train, in a rail yard, or performing job duties elsewhere.

Unlike workers’ compensation, FELA requires you to prove that your employer’s negligence played a role—no matter how small—in causing your injury.

This could include a failure to provide proper safety equipment, violations of a safety statute, or unsafe working conditions.

Occupational illnesses, such as cancers linked to diesel exhaust or asbestos exposure, may also qualify if they stem from work-related exposures.

FELA also covers repetitive stress injuries and cumulative trauma that develop over time.

If a railroad worker is killed on the job, the personal representative of the estate may file a wrongful death claim on behalf of the family.

Speaking with a FELA attorney is the most effective way to determine your eligibility and begin building a case.

At Gianaris Trial Lawyers, we understand the physical, emotional, and financial toll that workplace injuries take on railroad workers and their families.

Our legal team has extensive experience handling FELA claims and a proven track record of holding railroad employers accountable for unsafe conditions, negligence, and regulatory violations.

Whether you’re dealing with a sudden injury, long-term illness from toxic exposure, or the loss of a loved one, we are prepared to fight for the full compensation you are entitled to under federal law.

Don’t leave your future in the hands of the railroad’s claim agents—get trusted, trial-tested legal representation.

Contact Gianaris Trial Lawyers today for a free consultation.

Use the chat feature on this page to find out if you qualify for a FELA claim.