Not every railroad injury happens in a single moment. Years of repetitive, physically demanding work can wear down a worker’s body gradually, producing serious injuries to the back, shoulders, knees, and other joints long before any one incident. These are called cumulative trauma injuries, and they are covered under the Federal Employers’ Liability Act just as a sudden accident is. We have represented hundreds of former and current railroad employees across a wide range of FELA claims, including many cumulative trauma cases. A FELA lawyer can help you understand whether your situation supports a claim.
Has Surgery Been Performed or Scheduled?
One of the first things we look at is whether a cumulative trauma injury has required surgery, or is likely to in the near future. This is not an arbitrary hurdle. Railroads themselves tend to evaluate these cases in part based on the number of surgeries involved, and the presence of surgery generally signals an injury serious enough that a recovery will justify the substantial time, cost, and effort these cases demand, for the client as much as for the firm.
As with any general rule, there are exceptions. A worker with a serious spine problem who has undergone numerous injections but is not yet a surgical candidate, for example, may still have a viable claim. The point is not to turn away legitimate cases but to focus resources where they can produce a meaningful result for the client.
The Severity of the Injury
Closely related is the overall severity of the trauma. A cumulative trauma FELA claim generally needs to meet a seriousness threshold to make the time and resources worthwhile for everyone involved. In practice, we typically take on cumulative trauma cases that involve a career-ending injury, the kind of harm that fundamentally changes a worker’s ability to do their job and earn a living. Those are the cases where FELA’s full range of damages, including lost earning capacity, can deliver real value to an injured railroader.
The Statute of Limitations
The filing deadline deserves careful attention in these cases, because it is far trickier than in an ordinary accident claim. FELA imposes a three-year statute of limitations. When a worker is hurt in a single, identifiable accident, calculating that three-year window is straightforward: the clock starts on the date of the accident.
Cumulative trauma is different. Because the injury develops gradually, pinpointing the date the harm “accrued” can be genuinely difficult. The general rule is that a worker must file suit within three years of the date they knew, or reasonably should have known, that they had an injury caused by their railroad work. That date is often impossible to fix precisely at a first consultation.
Instead, we work to identify a defensible accrual date by reviewing the worker’s medical records. We look for the first doctor’s visit that reflects when symptoms appeared, the date of the first diagnosis, and any point when a medical professional discussed a possible work-related cause. Establishing that timeline correctly is one of the most important early steps in a cumulative trauma case, because getting it wrong can cost a worker the entire claim.
Why Experience Matters in These Cases
Cumulative trauma claims are among the more demanding FELA cases to prove. Railroads dispute whether the injury is truly work-related, argue it stems from aging or activities outside work, and challenge the accrual date to argue the claim was filed too late. Overcoming those defenses takes medical evidence, a clear occupational history, and an understanding of how courts handle the FELA discovery rule.
Our attorneys bring more than 100 years of combined legal experience to railroad injury claims, and that depth has produced significant results, including an $8.6 million jury verdict for a railroad worker, with the state’s highest court later affirming the jury’s findings. Results depend on the facts of each case, but outcomes like that reflect the effort these claims require.
Suffering From Cumulative Trauma? Contact Us Today
If years of railroad work have left you with a cumulative trauma injury, you may have grounds to pursue compensation under the FELA. The only way to know for certain is to have your situation reviewed. A FELA lawyer at Shapiro, Washburn & Sharp can evaluate your claim, help identify the critical accrual date, and explain your options. Contact us at 833-997-1774 for a free consultation. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to put our decades of railroad injury experience to work for you and your family.