The pain in your back and knees did not start yesterday. It is the result of a 20-year career on the railroad. If your pain developed over time and not from a single “accident,” you may be wondering what, if anything, can be done about your condition.
However, under the Federal Employers Liability Act (FELA), you may still have a strong claim for an injury that developed over time. The key is understanding two critical parts of the legal process: the timing of your claim and the specific evidence needed to prove it.
Is it too late to file a claim?
A major worry for workers with a cumulative trauma injury is the statute of limitations. You may think that because your injury developed over decades, you are no longer eligible to file a claim. However, for these types of occupational injuries, the clock does not usually start on the date your work began.
Instead, a federal “discovery rule” applies to FELA claims. This rule states that the three-year statute of limitations begins only when you knew, or reasonably should have known, that your injury was both significant and work-related. This allows many to pursue claims long after retiring.
How do you prove an injury that happened over decades?
The railroad will often argue that your condition is just a result of aging. To build a strong FELA claim, you must show that your specific job duties played a part, however small, in causing your injury. This requires a thorough investigation to gather key evidence, such as:
- A detailed history of your specific, repetitive job duties and work environment.
- Medical records and expert opinions that link your medical diagnosis to the strain of your railroad work.
- Statements from coworkers who performed similar tasks or have developed similar injuries.
A successful claim meticulously documents the link between your long career and your current medical condition.
Your years of service deserve respect
Proving a cumulative trauma claim is a complex process that requires a deep understanding of FELA law. An important step you can take is to begin documenting your symptoms, noting when they occur and how they limit your daily activities.
If you are a railroad worker suffering from a condition you believe was caused by years of labor, consider speaking with an experienced FELA attorney. A lawyer can help you understand the strict deadlines and build a strong case to protect your future.