FELA Claims Superseded

Finally, like all other tort actions, FELA claims must be superseded and preempted upon enactment of the bill.

The proposals from rail labor contemplate negotiations over the amount of the special FELA adjustment, and promulgation of regulations after enactment, during which time claimants who worked in railroad employment would retain the right to bring FELA lawsuits.

One proposal calls for appointment of a mutually acceptable arbitrator to determine the FELA adjustment benefits if no agreement is reached between rail labor and management. Allowing claimants to continue filing FELA lawsuits simply provides a disincentive for rail labor to agree on the amount of the special FELA adjustment or an acceptable arbitrator.

As labor’s proposals are structured, claimants can continue to file FELA lawsuits indefinitely, while the Act ostensibly applies to railroads, and the railroads continue to make contributions of millions of dollars each year to the Fund.

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?

Medical Criteria Read about rules concerning medical criteria in asbestos/rail cases
Medical criteria in asbestos/railroad cases. Learn more.

Controversial Provision Find out about the controversial asbestos provision in FELA
Read about the controversial provision in the FELA asbestos act.