Section 22.10 Statute of Limitations
| Library | Tort Law 2016 |
3. (§22.10) Statute of Limitations
Under FELA, there is a three-year statute of limitations regardless of the statute of limitations for personal injuries of the state where the injury occurred. 45 U.S.C. § 56. This statute of limitations is absolute in that taking a nonsuit will not enable the injured worker to extend the time in which suit must be filed via a state’s savings statute.
With respect to occupational injuries or cumulative trauma, the U.S. Supreme Court recognized that the congressional...
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