Claims Should Be Paid Under Non-Rail Claimant Standards

Regardless of the level of a FELA adjustment, it should be payable under the same conditions that a non-rail claimant would receive workers’ compensation benefits.

Under section 135(b)(2) of the draft legislation, workers' compensation insurers/employers would not be required to make any additional workers' compensation payments to an asbestos claimant until the amount owed under the workers’ compensation statute exceeds the amount of the claimant’s award from the Fund.

Thus, other claimants only receive workers' compensation benefits to the extent they are greater than the award from the Fund. While this provision may be modified as the legislative process proceeds, any offsets or limits that ultimately apply to a workers’ compensation recovery by other asbestos claimants must be applied equally to the special FELA adjustment.

In addition, if a rail claimant is entitled to benefits under a workers’ compensation law by virtue of employment outside the rail industry, the FELA adjustment payment should be reduced by the amount of the workers’ compensation benefit.

see also:

Fair Asbestos Lawsuits NY asbestos lawyers: Read more about fair asbestos lawsuits here
Free case review; About fair asbestos lawsuits as defined by FELA.

Technical Matters Asbestos: clarifying technical asbestos matters
Read more about clarifying technical matters as related to asbestos.

Medical Criteria Read about rules concerning medical criteria in asbestos/rail cases
Medical criteria in asbestos/railroad cases. Learn more.