America's Work Force Union Podcast

Firms associate on wrongful death claims for those exposed to hazards

Written by awfblog | October 1, 2020

Kelley and Ferraro Associate Brian Schall joined America’s Work Force Union Podcast on Oct. 1 to discuss cases regarding Zantac, wrongful death claims as they relate to asbestos and more.

Updates in the Zantac case

Schall began by explaining how people know the Zantac case is serious. He said most cases will result in the manufacturers pulling the drug from shelves and returning it shortly after. However, Schall said Zantac and generic versions of the drug have not made a return to shelves, leading him to believe they know it is serious.

Schall suggested anyone with any type of cancer to begin looking into potential compensation if they have taken Zantac or a generic form of the drug, as they may be eligible for compensation.

Schall then reminded listeners that November is prostate cancer awareness month. He said men should be vigilant in getting checked for the cancer. He said Kelley and Ferraro frequently meet with United Auto Workers members and other union members to conduct screening questionnaires in an attempt to learn more about prostate cancer and its causes.

Wrongful death claims and workers compensation

Schall then discussed the facts surrounding wrongful death claims, who can file them and what the compensation may look like.

He said wrongful death claims are the only type of claims that are considered assignable under the Workers Compensation Act. Essentially this means a spouse or surviving child of an individual who died due to some aspect of their career can file a claim.

Schall noted that the effects of asbestos inhalation often do not manifest for decades. But when they do, they act quickly. This can leave a spouse with less or no income because of something that happened years ago at work.

When a wrongful death claim is successfully filed under the Workers Compensation Act, the surviving family member who files the claim is entitled to weekly benefits for the rest of their life.