Equality with Asbestos FELA Claimants

Instead, rail labor has insisted that, in addition to being entitled to a full payment from the Fund, rail employees asbestos claimants also should be entitled to an adjustment equal to historic FELA asbestos claims payments. As a result, rail claimants would be entitled to two payments as a substitute for tort recoveries.

First, they would receive a Fund payment as set forth under section 131(b) (1)–which for seriously ill claimants might be a six and seven figure award. In addition – and, even though the Fund is meant to substitute for all lost tort claims – rail claimants would receive a payment that is calculated to be a surrogate for the FELA award they might have received in the traditional tort system.

In addition, some rail claimants would be entitled to a third payment for the same asbestos injury by virtue of their eligibility for an occupational disability benefit under the Railroad Retirement Act, a benefit which now pays approximately $25,000 a year, and which is not available to individuals who are covered by the Social Security system.

see also:

AAR's Response AAR claims that the FELA adjustment was unwarranted.What do you think?
Read more about AAR's claims that the FELA adjustment was unwarranted.

Claims Against Manufacturers Read about how the Ayers plaintiffs sued asbestos manufacturers
The Ayers plaintiffs sued asbestos manufacturers. Find out more.

Transfer of Asbestos Claims Legislation that involves the transfer of asbestos claims: The Rules
The rules re:legislation involving the transfer of asbestos claims