Wednesday, December 16, 2015

Federal legislation to help victims of asbestos-related disease?

There is no federal legislation to compensate victims of asbestos-related disease or to protect people from asbestos exposure.The bill called the Fairness in Asbestos Injury Resolution Act, or FAIR Act has been introduced in Congress several times. The bill would create a national trust fund to compensate victims suffering from asbestos-related diseases.







The proposed trust fund would be administered by the DOL outside of court through a demanding process in which all people have certain medical symptoms and evidence of asbestos-related diseases will be compensated.


Funding for the trust will come from insurance companies, and mining companies that manufacture and sale of asbestos or asbestos products. Under the bill, individuals affected by asbestos exposure will not be able to carry out any award for damages in federal or state court.

Examples : John Panza Jr. Secondary Exposure Legal Claims

Like plaintiffs who are directly exposed to asbestos, claimants who are injured by secondary exposure may be eligible for compensation. In order to bring a successful legal claim, they must be able to trace their exposure to a defendant who is liable for failure to warn or protect against the dangers. This usually involves investigating the work history of a family member who was exposed on the job.


John Panza Jr., diagnosed with mesothelioma in 2012.

For instance, John Panza Jr., a 40-year-old English professor, was diagnosed with mesothelioma in 2012. For more than 30 years, his father worked at a brake-producing plant where products manufactured by National Friction Products Corp. were drilled and abraded. As a child, Panza helped his father wash work clothes. In 2012, he filed a lawsuit against National Friction alleging that he inhaled fibers from the company's products that landed on his father's clothes.

In 2013, an Ohio jury found that National Friction was liable for Panza's illness. It ordered the company to pay Panza and his wife $27.5 million. The plaintiffs' award included $515,000 in economic damages, $12 million in non-economic damages, and $15 million for the wife's loss of consortium claim. A second trial will be held to determine whether National Friction will also be ordered to pay punitive damages.
Occupational exposure to asbestos.
According to the National Institute for Occupational Safety and Health, more than 75 professional groups of workers exposed to asbestos. The effects of exposure every day during the occupation has led many workers to develop asbestos-related diseases, including lung cancer and asbestosis learn more about careers and industries that put people at risk of exposure. Asbestos

Professional group of workers exposed to asbestos.
Asbestos inhalation of asbestos epidemic
Asbestos almost everywhere in America It is a mineral that exists naturally in the form of fibrous and resistant to heat, water, chemicals and electricity.

Throughout the 20th century, asbestos was incorporated in the thousands of construction in commercial and household products, including coatings, fire-resistant concrete and cement, bricks, pipes, gaskets, insulation, drywall, flooring, roofing joint compound, paint. and sealant It is in flowerpots, furniture, mattresses, appliances, plastics, rubber, grass, hat and gloves.



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