Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung lining) or the peritoneum. Exposure to asbestos is the principal cause.
Many states provide compensation to victims. compensation mesothelioma can assist you navigate an lawful claim. You might also be eligible to file a common law lawsuit that could result in more compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of victims of asbestos and was the person who led the legal fight against James Hardie. His larrikin attitude, a dislike of authority and determination to fight for social justice made him an ardent Australian crusader. He died of peritoneal msothelioma in 2007.
On the 5th of December 2007 a State Funeral was held in NSW for his funeral in NSW. He was dying of terminal mesothelioma at the time. He was fighting for many years with James Hardie in order to get Alimta included in the Pharmaceutical Benefits Scheme. His determination, clarity of speech and passion made him a household celebrity and he was recognized as an advocate for asbestos sufferers.
He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney during the latter half of the 1960s until the early 1970s. He was diagnosed with asbestosis and mesothelioma as did many other workers at the time. His older brother Ted passed away from mesothelioma and one of his children has a fatal form of the disease.
The new law, named in his honor, removed a restriction which did not allow people who suffered from other forms of asbestos exposure from seeking compensation. Previously victims were only eligible to claim compensation if they had been exposed to asbestos at work.
Since the introduction of the Bernie Banton Law, a number of other laws have been modified to expand the rights of asbestos victims and their families. In Victoria asbestos exposure can be a result of non-work related activities, like exposure to asbestos through secondhand sources or environmental contamination.
The new laws extend asbestos victims' rights to seek damages for loss of income, pain, suffering, and impairment in the quality of their lives. Compensation is also provided for a range of expenses like travel expenses to hospitals, medical treatment and rehabilitation equipment. In some cases the lump sum may even cover funeral expenses.
The Wrongs Act
Compensation is available to those diagnosed with mesothelioma, asbestos-related illnesses. The amount of compensation granted is contingent upon the severity of the injuries and losses that are suffered. Damages can be divided into two categories: economic and noneconomic damages. Economic damages are those that can be quantified in a concrete way such as medical expenses, treatment costs, and lost income. Non-economic losses are intangible damages like suffering, pain and the loss of enjoyment living.
Many states and territories provide government compensation schemes for mesothelioma cases. Anyone suffering from asbestos-related illnesses can also file a common law lawsuit. To pursue this, it's important to contact an experienced lawyer to ensure the claim is properly handled.
A mesothelioma attorney with expertise will be able to provide you with all possible options, including the statutory compensation schemes or making an action under common law. They can also assist you to gather the necessary evidence to support your claim. This includes statements from your coworkers medical reports, workmate statements and other relevant documents that can help strengthen your case.
You can register your exposure, no matter how old or recent, to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing this, you can establish proof of your exposure and potentially reduce the time required to settle your claim.
If you or someone you know has been exposed to asbestos, it's important to consult a qualified mesothelioma compensation solicitor immediately if you can. It is important to recognize that mesothelioma is a complicated disease and it can take years for patients to get the compensation they deserve.
Patients diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act, which requires that they go through an assessment of injuries. This is designed to ensure that those who are injured due to the negligence of others are properly compensated for their injuries. This includes ensuring that claimants get the right amount of compensation for their loss of income, their suffering and pain, as well as the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings around organs like the lung (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. The majority of mesothelioma cases in Australia are pleural and affect the lungs. However, mesothelioma can also affect the peritoneum and chest wall. In both instances, the lining becomes thicker than cigarette papers to form a hard tumor about the size of an oblique. The signs of mesothelioma usually don't manifest until several years after the initial exposure to asbestos.
In 2001 James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a sum of $293 million to handle future asbestos compensation claims. The executives assured the public the fund would meet all legitimate asbestos-related compensation claims. The company later moved their head office and incorporation legal from the Netherlands to the Netherlands, claiming that this was for tax reasons.
The fund was discovered to be grossly underfunded despite the money. In late 2003, it became clear that the fund would not have enough funds to pay out all the compensation due to asbestos victims.
This led to a huge campaign by trade unions and former James Hardie employees to ensure that the company pay for the anticipated compensation gap. One of the most prominent figures in this campaign was Bernie Banton, a former construction worker who worked for James Hardie Industries for more than 30 years. He was diagnosed with various asbestos-related ailments.
In November 2006 In November 2006, the NSW Government and James Hardie signed an agreement that created the Asbestos Injuries Compensation Fund. This included a specific legal agreement to pay compensation to victims of asbestos-related illnesses by transferring funds from a specific purpose trust that is financed by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings that they believed would lead to an an acceptable tax outcome for this fund. James Hardie also agreed to pay 35 percent of its operating cash flow into the fund.
The fund has already given out more than $2 billion to asbestos victims. A portion of the funds was used to support mesothelioma research, including clinical trials to test new treatments. People who have suffered from mesothelioma and other asbestos-related diseases should think about seeking legal guidance on how to claim compensation.
Clinical Trials
Mesothelioma is a type of cancer that affects the mesothelium, which is thin layer of tissue surrounding many organs in the body. It is typically caused by asbestos fibre exposure for a long time which causes inflammation of the mesothelium. There are a variety of types of mesothelioma. The most frequent is pleural which affects the lining of the lungs and chest cavity. Other types include pericardial or peritoneal.
While asbestos is no longer in use in Australia mesothelioma still continues to develop due to the long time of latency. Mesothelioma signs can take years to show up. However, if the signs are detected early enough, they can be treated by surgery or chemotherapy.
Asbestos victims may be eligible for compensation. Compensation may be used to cover treatment costs. It may also provide funds for the family members of the patient suffering from mesothelioma. Compensation is contingent upon the type of mesothelioma, the location it was diagnosed, and how long the patient was exposed to asbestos for.
Certain hospitals in Australia specialize in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatment options are being created continuously. Patients suffering from mesothelioma must talk to their doctors about participating in a clinical trial.
In Australia, there are two primary methods to seek mesothelioma compensation. They can either submit a statutory compensation claim through WorkCover or file an application to the court. In general, courts award more compensation than the statutory claims.
The mesothelioma attorneys at Davey & Co can help patients with mesothelioma receive compensation. They have experience in asbestos compensation claims both for secondary exposure and primary exposure. They can assist those with compensation claims and assist them in finding medical professionals. They can also connect people with mesothelioma support groups.
Mesothelioma is most often found in homes and workplaces where asbestos is present. The people at risk of exposure are construction workers, miners and other people who worked in asbestos-contaminated factories or mines. It is also possible to get asbestos from second-hand clothes or products. Anyone at risk of developing mesothelioma might want to consider making a submission to the Australian Mesothelioma Register. This will allow researchers to develop policies to stop asbestos exposure.