FELA Controversial Asbestos Provision

A controversial asbestos provision was included in a recent draft of FELA that was specifically designed to address this concern. Section 131(b) (4) would have provided an additional payment to rail claimants who could demonstrate that had they been an employee eligible for state workers’ compensation; they would have been eligible for an additional payment through workers’ compensation.

Upon such a showing, rail claimants would be eligible for a payment reflecting the value of that workers’ compensation benefit, in addition to the amount they would be entitled to under the Fund. AAR is willing to support this provision as drafted. However, rail labor has rejected this proposal.

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see also:

Non-Rail Claimant Standards Do you think claims should be paid under non-rail claimant standards
Should claims be paid by rail standards in asbestos cases?

Other Toxic Substance Claims See which other toxic substance claims than asbestos are pursued
Read about asbestos and other toxic substance claims on this site.

Inclusion of FELA Rail labor protests FELA's inclusion due to its effect on asbestos law
FELA's inclusion in act protested due to effect on Asbestos Law