Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung lining) or peritoneum. It is usually caused by exposure to asbestos.
Many states provide compensation to victims. A mesothelioma lawyer can assist you with a legal claim under the statute of limitations. You may also be eligible to make a common law claim which could result in more compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of asbestos victims and the man who fought the legal fight against James Hardie. His larrikin attitude, disdain for authority, and enthusiasm for social justice made him an ardent Australian crusader. He passed away from peritoneal msothelioma in 2007.
A State funeral was held in NSW on the 5th of December. He was suffering from terminal mesothelioma at the time. He was fighting for many years with James Hardie in order to get Alimta on the Pharmaceutical Benefits Scheme. His determination, articulacy, and passion made him a household figure and he was lauded as a champion for asbestos sufferers.
He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney during the period from the late 1960s through to the early 1970s. He was diagnosed with mesothelioma and asbestosis, like many other workers at the time. His older brother Ted also died of mesothelioma, and one of his children suffers from a fatal form of the disease.
The new law was named in honor of him and it removed a restriction that meant those who suffered from other forms of asbestos exposure were unable to sue for compensation. Prior to this, victims could only receive compensation if they were exposed to asbestos at work.
Since the introduction of the Bernie Banton Law, a number of other laws have been modified to increase the rights of asbestos victims and their families. In Victoria there is a possibility to claim mesothelioma compensation in the event that they were exposed to asbestos in non-work-related activities, such as exposure to asbestos through secondhand exposure or environmental contamination.
The new laws also expand asbestos victims' rights to sue for damages for lost income, pain and suffering, and impairment to their the quality of their life. Compensation is also available for a range of costs, including transport to the hospital, medical treatment and rehabilitation equipment. In some cases the lump sum may cover funeral costs.
The Wrongs Act
Compensation is available to those diagnosed with mesothelioma or other asbestos-related illnesses. The amount of compensation awarded depends on the extent of the injuries and losses sustained. Damages are typically classified into two categories: economic and non-economic damages. Economic damages are those that can be accounted in concrete terms for example, medical costs or treatment expenses, as well as lost income. Non-economic damages on the contrary, are intangible losses, such as pain and suffering and loss of enjoyment of life.
Many states and territories have government compensation schemes for mesothelioma cases. However, those who suffer from an asbestos-related condition can pursue a common law claim. To ensure that the claim is dealt with properly, it's best to contact an experienced lawyer.
A mesothelioma lawyer with expertise will be able to provide you with all your options, including the statutory compensation schemes or making claims under common law. They can also assist you in gathering the evidence to prove your claim. Included in this are statements from your coworkers as well as medical reports and other documents that may strengthen your claim.
You can register your exposure, no matter how old or recent to chemicals, silica, and asbestos through the National Asbestos, Silica, Chemicals and Fumes Register. By doing so, mesothelioma lawsuit compensation can establish proof of your exposure and reduce the time it takes to settle your claim.
If you or someone you know has been exposed to asbestos, it's important to seek advice from a qualified mesothelioma compensation solicitor immediately if you can. It is important to recognize that mesothelioma is a complex disease and it can take many years before victims receive the compensation they deserve.
Those diagnosed with mesothelioma or other asbestos-related diseases are currently subject to the Wrongs Act, which requires that they undergo an assessment of injuries. This is to ensure that those injured due to the negligence of other people are adequately compensated. This means that claimants receive sufficient compensation for the loss of income, suffering and pain, and the impact on their families.
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). Exposure to asbestos is the main cause. The majority of mesothelioma cases in Australia are pleural and affect the lung. However, mesothelioma can also affect the peritoneum as well as the chest wall. In both cases the lining of the chest wall becomes more dense than cigarette paper and can form a hard tumour about the size of a fist. The symptoms of mesothelioma rarely appear until many years after the initial exposure to asbestos.
James Hardie Industries Ltd. A company that makes James Hardie siding, established the Medical Research and Compensation Foundation in 2001, with a total of $293 million to ensure future asbestos compensation claims. The executives assured the public the foundation would pay for all legitimate asbestos-related compensation claims. The company later moved their head office and legal incorporation from the Netherlands to the Netherlands, claiming the move was for tax reasons.
However, despite the funds, it was later found that the fund was severely underfunded. By the end of 2003, it became clear that the fund was not able to raise enough money to pay the full compensation due to asbestos victims.
This led to a huge campaign by trade unions and former James Hardie employees to ensure that the company meet the expected compensation gap. One of the key figures in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years. He also developed several asbestos-related illnesses.
In November 2006, the NSW Government and James Hardie signed an agreement that established the Asbestos Injuries Compensation Fund. This included a legal contract to compensate asbestos-related diseases through James Hardie's special trust.
The Australian Taxation Office provided the Foundation with private binding rulings they believed would result in an acceptable tax outcome for the fund. James Hardie agreed to contribute 35 percent of the cash flow.
The fund has now paid out over $2 billion to asbestos victims. A portion of this money has been earmarked for mesothelioma research and clinical trials of new treatments for the disease. If you've suffered from asbestos-related diseases such as mesothelioma, you should consider seeking legal advice about how to claim compensation.
Clinical Trials
Mesothelioma, a form of cancer, affects the mesothelium, which is a thin layer of tissue surrounding many organs in the body. It is usually caused by exposure to asbestos fibres that inflame the mesothelium. There are many types of mesothelioma. The most frequent is pleural which affects the lining of the lungs and chest cavity. Other types include pericardial and peritoneal.
Despite the fact that asbestos is no longer used, mesothelioma still occurs in Australia due to its lengthy latency period. Mesothelioma symptoms can take a long time to manifest. If the symptoms are detected early enough, they may be treated by chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation may be used to cover expenses for treatment. The money can be used to assist the family members of someone diagnosed with mesothelioma. Compensation is contingent upon the mesothelioma type, the place it was diagnosed, and how long the victim was exposed to asbestos for.
Some hospitals in Australia specialize in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are being developed constantly. Patients suffering from mesothelioma should speak to their doctors about participating in an clinical trial.
There are two main ways that people can claim mesothelioma compensation in Australia. They can either file a statutory compensation claim through WorkCover or make a court complaint. In general, the courts give more compensation than statutory claims.
Davey & Co's mesothelioma lawyers can assist patients with mesothelioma to receive compensation. They have experience with asbestos compensation claims both for primary and secondary exposure. They can help people with compensation claims, and help them locate medical specialists. They can also connect patients with mesothelioma support groups.
Mesothelioma is most often found in homes and workplaces where asbestos is present. The people at risk of exposure include miners, construction workers, and other people who worked in asbestos factories or mines. You can also get asbestos by reusing clothing or other products. Those who are at risk of mesothelioma should think about submitting details to the Australian Mesothelioma Registry. This will help researchers design strategies to reduce asbestos exposure in the future.