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FELA Statue of Limitations

Traumatic Injuries

Under the FELA there is a three year statute of limitations that governs any potential injury claim against a railroad. This means that a claim must be resolved directly with the railroad, or a lawsuit filed in the appropriate state or federal court, within three years of the date of the injury. This time period is set in stone, and failure to settle a claim or file a lawsuit in court within this time period will forever bar an injured employee from receiving compensation for his or her injuries.

Cumulative Trauma Injuries

The FELA three year statute of limitations applies to all injury and illness claims, including cumulative trauma injury claims and occupational exposure claims. FELA jurisprudence generally states that the three year statute of limitations begins to run when the injured railroad worker knew, or should have known through the exercise of reasonable investigation that he/she sustained an injury/illness that was causally related to the railroad working environment.  Importantly, some courts have held that based on the subjective knowledge “should have known” standard, experiencing symptoms of pain can start the running of the three year FELA statute of limitations – even before a doctor renders a medical diagnosis of the underlying injury.

Because these types of claims do not occur on a specific date at a specific time but instead, manifest over time due to years of repetitive trauma or exposures in the railroad work environment, determining when the three year statute of limitations time period starts and expires requires a detailed analysis of the circumstances of each individual case.

Great Lawyer!

Jeff Chod was my lawyer in a suit against MRL in Missoula Montana.He
distinguished himself in a very professional manner. His hard work,
extensive knowledge and attention to detail enabled me to get a
satisfactorysettlement. He was easily accessible and quickly attended to all my
questions and worries. I highly recommend Jeff to anyone due to his work
ethic and willingness to go that extra mile to insure his client gets the best
possible results.

~ Brian, Victor, MT
Changed my life

I met Mr. Chod in 2007. It was the best decision I have ever made to
hire him. I was injured and scared, and he did not know me, but gave
me confidence, told me to focus on getting better and he would take
care of the rest. Amazingly he did and I made also a friend for life.

~ Tony, Amelia, OH
My experience was outstanding

As a former MOW employee for Wisconsin Central Railroad in need of an
injury attorney, it has been my experience that good FELA attorneys are hard
to find. After having to fire my first attorney due to a very frustrating
experience, I found attorney Chod and from that point on, my experience
was nothing short of outstanding. Jeff treated me personally with
compassion as if I were his only client and understood completely
the seriousness of my injury. He fought a very long and
tough battle against a team of very high powered attorneys
with due diligence...

~ Todd, Wausau, WI
Railroad Incident

I hired Mr. Chod after I had an incident at a mine here in
Wyoming when I worked for the Union Pacific Railroad
and he did an excellent job of settling my case. Mr. Chod
worked well with myself and the doctors he talked to and
other railroad employees.

~ Connie, Douglas, WY
When you need a winner, he is your guy...

In September of 2014 I suffered a career ending injury at BNSF Railway. The RR choose to not do the right thing even though I continued to have faith in them. I talked to Jeff on a recommendation of a friend after many broken promises by BNSF. I had only done one thing wrong that night, and that was trusting BNSF to accurately train, and prepare a operator to safely work along side me. I talked with Jeff and he helped ease my mind and finally realize that the RR was not conducting themselves in my best interest or livelihood. My injuries physically were were permanent and the PTSD was overwhelming and learning to deal with it was life altering. Jeff worked tirelessly for me and my future well-being. He fought them like David and Goliath and we won.

~ Lisa, Memphis, TN
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