Recovery for Asbestos-Related Injuries

The Act covers all civil actions seeking recovery for asbestos-related injuries. Civil actions are defined to exclude workers’ compensation laws. Under the Act, FELA is not considered to be a workers’ compensation law. Thus, claims brought under FELA would be covered by the Act.

There is a good reason for this approach. The no-fault workers’ compensation system is an entirely different species from the civil litigation system. Workers’ compensation laws are administrative systems, that make payment without regard to fault, based on the claimant’s wage loss and degree of disability.

On the other hand, FELA is a quintessential civil action. FELA has all the attributes of the state-law tort suits which typically serve as the means of seeking compensation for asbestos-related injuries outside the railroad industry, and is characterized by all the uncertainties and problems of the tort system which the Act seeks to eliminate.

see also:

Rail Labor's Position Read about why rail labor contends the FELA Act is unfair
Find out rail labor position on the FELA Act

Inclusion of FELA Rail labor protests FELA's inclusion due to its effect on asbestos law
FELA's inclusion in act protested due to effect on Asbestos Law

Report of Testimony re: FAIR Act Read Hoferer's testimony to the U.S. Judiciary on behalf of BNSF
More about BNSF's attorney Hoferer's testimony to the Judiciary