The statute of limitation on railroad injury claims is generally three years, and it starts to run from when the employee knew or should have known there was an injury caused by work. In one case we handled, the employee injured his knee 15 years earlier and had settled the claim for a small amount of money. After 15 years, the employee’s knee had gotten worse and he was facing a total knee replacement. We successfully avoided the statute of limitation and asserted the railroad negligently assigned the employee to a job when it knew the job was likely to make his knee worse. We obtained a substantial settlement for this trainman who was already close to retirement.
