FELA claims: The discovery rule

For injuries that are immediately apparent, accrual is straightforward. The clock runs from the date of the traumatic event. If a conductor falls from a railcar and breaks a leg, the day of the fall is taken into account. But for latent or gradual injuries such as repetitive trauma or occupational disease, determining accrual is more complex. Railroad workers often develop conditions over years of exposure to vibration, chemical fumes, or repetitive physical strain. By the time symptoms appear, the initial exposure may have occurred decades earlier.

What the discovery rule is

The discovery rule is a legal principle developed by courts to prevent injured workers from being unfairly barred from filing suit simply because their injury did not manifest until long after exposure or onset. Under the discovery rule, a cause of action does not accrue at the moment of injury-causing exposure if the injury was not then known or reasonably knowable.

Instead, accrual begins when the plaintiff knows or reasonably should know of both the existence of the injury and the causal connection between the injury and the railroad employment. This ensures workers with latent occupational injuries, like back problems from repetitive movements or diseases from extended exposures, aren't time-barred before they could reasonably understand they were injured.

Origins and Supreme Court precedent

U.S. Supreme Court precedent laid the groundwork for the discovery rule in FELA claims. The Supreme Court held in Urie v. Thompson (1949) that for diseases resulting from long-term exposure, such as silicosis, a FELA cause of action accrues when the injury becomes manifest and reasonably discoverable.

Federal cases that followed used similar principles across other federal causes of action, stressing that accrual begins when a plaintiff knows or should know about the injury and its cause. This shields workers who had no way of knowing they were hurt until symptoms emerged years after first exposure.

How the discovery rule works in practice

Courts handling FELA cases usually use one of two accrual rules, depending on how the injury happened. The time-of-event rule covers traumatic injuries that are immediately recognizable, such as falls, crashes, or clear accidents. The period starts on the date the injury-causing event happened.

The discovery rule applies when the injury wasn't immediately apparent, or its cause wasn't known. The time period starts when the plaintiff reasonably should have known about both the injury and its work-related cause, not necessarily when a formal medical diagnosis occurred. A reasonable person standard gets used: if someone in the injured worker's position should have discovered the injury and causal link, the clock starts running.

Examples of how courts apply the discovery rule

Different circuit courts have used the discovery rule in FELA cases. Matson v. Burlington Northern held that a back injury didn't accrue until the worker knew or should have known the pain stemmed from work, not when discomfort first appeared.

Lewis v. CSX Transportation used the discovery rule for cumulative carpal tunnel trauma, determining accrual started when the plaintiff reasonably should have known both the injury existed and came from work.

These cases demonstrate that the discovery rule protects workers whose injuries develop gradually. A railroad employee might have occasional back pain without realizing it's connected to years of lifting heavy equipment or constant vibration exposure. The discovery rule gives workers time to file once they understand the link between their work and injury.

Key principles under the discovery rule

Across cases, courts emphasize several points. Accrual requires knowledge of the injury and cause. The law does not require that the plaintiff know the legal theory or that the defendant was negligent, just the factual link between the injury and work.

For latent occupational diseases, accrual is postponed until the effects manifest and are reasonably knowable. The rule is aimed at fairness: if accrual began at first exposure, many injured workers would never have a remedy because symptoms appear years later.

A plaintiff's duty to investigate begins when symptoms or concerns emerge. Ignoring symptoms may start the limitations clock anyway. If a worker develops persistent respiratory problems but refuses to see a doctor or investigate the cause, courts may find that the worker should have known of the injury and its connection to work exposure.

Why the discovery rule matters for railroad workers

Many railroad workers suffer from conditions that develop over time. Hearing loss from years of locomotive noise, respiratory disease from diesel exhaust exposure, repetitive stress injuries from coupling operations, and spinal degeneration from whole-body vibration all fall into this category.

Without the discovery rule, workers would need to file claims before they even knew they were injured. A worker exposed to asbestos in the 1980s might not develop mesothelioma until the 2020s. The discovery rule ensures that workers can still pursue compensation when the disease finally appears.

Count on ELG Law with your FELA claim

The discovery rule protects workers with latent injuries, but it does not eliminate time limits entirely. Once you know or should know that you have a work-related injury, the clock starts running. ELG Law has helped railroad workers for over 35 years navigate the complexities of FELA claims, including discovery rule issues. If you have developed a condition you believe is connected to your railroad employment, contact us now for a free consultation.