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Eligibility Requirements
In addition, specific criteria must be established to determine how long, and for what period of time, a claimant must have worked in rail employment in order to be eligible for the special FELA adjustment.
Latency periods are well recognized in asbestos-related diseases. It would be unfair to other claimants to award a special FELA adjustment to an employee whose railroad work did not precede by a medically acceptable latency period the development of his asbestos-related disease.
Further, a claimant who worked for a minimal amount of time, or after asbestos abatement in rail employment, should not be entitled to this special FELA adjustment.
Courtesy of U.S. Committee on the Judiciarysee also:
Medical Criteria
Read about rules concerning medical criteria in asbestos/rail casesMedical criteria in asbestos/railroad cases. Learn more.
Non-Rail Claimant Standards
Do you think claims should be paid under non-rail claimant standardsShould claims be paid by rail standards in asbestos cases?
Controversial Provision
Find out about the controversial asbestos provision in FELARead about the controversial provision in the FELA asbestos act.
