Other Toxic Substance Claims

This is a real, and a very significant, concern. Many of the FELA suits filed against the railroads, in which the plaintiff alleges injury from exposure to asbestos, also contain allegations of exposure to, or inhalation of, numerous other substances, such as silica and other dusts and fibers.

When a railroad settles a FELA asbestos claim today, the railroad generally avoids the potential for multiple seriatim suits for the same injury by obtaining a release for respiratory injury arising from all causes, including asbestos, silica and other fibers, particles and dust.

However, when a claimant obtains an award from the Fund, as the Act is currently written, no such releases would be provided to defendants, thus exposing railroads (and all defendants) to the potential for double payment – once to the Fund and again in the lawsuit alleging exposure to other fibers, particles and dust.

see also:

Eligibility Requirements Read about FELA eligibility requirements involving asbestos claims
Asbestos claims have eligibility requirements under FELA. Read more.

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?

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