FELA Statute of Limitations – A Comprehensive Guide

At IL Work Injury Lawyer, we represent railroad employees across Illinois who have been hurt on the job, and we know how crucial it is to act quickly under the FELA statute of limitations. This comprehensive guide explains what the law says, how it applies, and why meeting the deadline can be the difference between a successful claim and losing your right to compensation. 

What Is the FELA Statute of Limitations?

The FELA statute of limitations gives you three years from the date of your injury—or from when you should have reasonably known about it—to file a lawsuit under the Federal Employers’ Liability Act. This statute of limitations is found in 45 U.S.C. § 56, and it works differently from Illinois workers’ compensation laws.

FELA is designed to protect railroad workers, allowing them to recover damages for injuries caused by the railroad’s negligence. Unlike state-based workers’ comp, FELA is a federal law that requires proving fault. Because FELA is a federal statute, cases can be filed in state or federal court.

Why the Filing Deadline Matters for Injured Railroad Workers

We’ve seen firsthand how missing the time limit can end a case. If a railroad employee waits too long to file under the FELA statute of limitations, the court will dismiss the claim, no matter how strong the evidence.

In Illinois, we’ve handled cases involving Chicago-area railroads like Union Pacific, Metra, and BNSF. We’ve also seen cases dismissed when the limitations period expired before the injured worker acted. Failing to file on time means no recovery for medical bills, lost wages, or other damages.

When Does the 3-Year Clock Start Under FELA?

Under the FELA statute, the clock starts ticking on different dates depending on the situation:

• Immediate injury cases – If you suffer a broken bone in a railroad accident, the statute of limitations begins on the date of the accident.
• Occupational illnesses – For injuries like hearing loss or conditions caused by diesel exhaust, for example, the limitations period starts when a worker knows or should have known the injury was caused by their railroad work.

This is called the “discovery rule.” In plain English, the statute of limitations doesn’t start until the employee knew or should have known the injury was work-related. That’s why it’s important to determine the cause as soon as possible.

Exceptions and Extensions to the FELA Statute of Limitations

While rare, there are exceptions:

• Minors or legally incapacitated workers – The limitations period may be paused until the worker is legally able to act.
• Fraud or concealment by the railroad – If the railroad hides information about your injury claim, the limitations period may be extended.

These are uncommon and require strong proof, which is why it’s essential to gather evidence early.

How FELA Differs from Illinois Workers’ Compensation Deadlines

Illinois workers’ compensation claims typically have a statute of three years from the date of injury, or two years from the last benefits payment, per 820 ILCS 305/6(d). But FELA claims are filed in court, not through the state’s workers’ comp system.

A FELA claim allows injured railroad employees to seek damages for pain and suffering, medical bills, lost wages, and other losses. In contrast, Illinois workers’ comp benefits are more limited and don’t require proving negligence.

Steps to Take if You’re Approaching Your FELA Claim Deadline

If your injury happened close to three years ago, time is running out. Here’s what we recommend:

• Gather evidence of unsafe work conditions and the injuries sustained.
• Collect medical records to prove your FELA claim.
• Contact a FELA attorney immediately for legal advice.

Our law firm has extensive experience helping injured workers file quickly to preserve their claim. We know how to act fast so the limitations period doesn’t expire.

How IL Work Injury Lawyer Can Help Your FELA Injury Claim

We take pride in helping injured workers across Illinois. When you work with us, we:

• Investigate your injury right away.
• Preserve evidence before it’s lost.
• File your FELA claim well before the statute of limitations runs out.

Whether you were hurt in a railroad accident, developed an illness from long-term railroad work, or suffered a repetitive stress injury, we fight to get you the compensation you deserve.

Book a Free Consultation

Don’t risk missing your deadline under the FELA statute of limitations. Call us for a free consultation today. Our Chicago-based workplace injury lawyers represent injured workers statewide, and we will guide you through the legal process to ensure your claim is filed on time.

We know how to navigate both FELA and Illinois state law to maximize your recovery. Contact IL Work Injury Lawyer now to protect your rights, secure fair compensation, and give your case the best chance for a successful claim.