Three Year Time Limit to Recover Damages

Federal Employees Limitations Act was passed by Congress back in 1908 as a response to a growing number of railroad deaths. Before Flea established, railroad workers and their surviving families were not able to sue the railroad companies for negligence. Railroad workers were exposed to losing their lives and limbs, while on the job, because working on the railroad was such a dangerous profession. Back in the 1800s, courts ruled that an employee could not recover damages from an employer if an injury happened at work. Flea limitation period is three years.

Knowing that Flea limitation period is three years is simple enough. This means that this is the period when the injured worker has to file a court action to begin to recover compensation from the company. What is not so simple is determining exactly when the injured worker's injury began. Sometimes it's obvious that when a traumatic event occurs or in case of death. But other times a work-related injury that may occur over time, and the injured worker may not know when the injury began or be aware that the injury is work related.

If a doctor diagnoses a hearing loss caused by noise exposure on the job as Flea limitation period does not begin on the date the hearing loss was diagnosed by the physician. In early obsolescence can start if other workers in similar jobs on the same business, job-related hearing loss. Human resource records will be subpoenaed so that courts can determine whether there is a history of the profession in damage to a company. It may be difficult to sue under Flea statute because it must first determine when the period began.

The Flea limitation is said to have begun when an employee knew or should have known that the injury existed and that exposure was a cause. This is where the company's human resource records will be checked. If a person is to file a suit under Flea action when the first thing to be decided is what the date of the injury was or when the damage occurred. If an injured worker knew that damage was occurring, but do not seek treatment, this does not extend the limitation period.