Senator Leahy Comments on FELA and asbestos mixed dust

Leahy made the following remarks about FELA during the hearing on “Asbestos: Mixed Dust and FELA Issues” February 2, 2005:

“I believe the second issue we are addressing today should be easier to resolve in a fair manner. The Federal Employers’ Liability Act or FELA is a unique statute. Since 1908, FELA has provided workers compensation benefits for railroad workers and provided compensation in tort law for injuries to railroad workers, such as asbestos.

”The latest asbestos draft bill overrides FELA for victims of asbestos exposure because the proposed trust fund will become their source of compensation. But by preempting FELA, the proposed legislation also eliminates the railroad workers compensation program even though all other workers’ compensation programs remain intact under the bill. That is not fair.

”If this legislation will eliminate workers compensation benefits for railroad employees, a separate award matrix must be negotiated to compensate these workers for the loss of their workers compensation benefits. That is the fair way to resolve this issue.”