Mesothelioma Compensation Australia
Mesothelioma, also known as malignant pleural tumors or peritoneal cancers is a malignant tumor of the pleura. Exposure to asbestos is the primary cause.
Many states offer compensation to victims. A mesothelioma attorney can help you navigate the statutory claim. You might also be in a position to file a common law lawsuit, which can result in more compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004, was the face of asbestos victims as well as the person who led the legal battle against James Hardie. A passionate Australian advocate for social justice, his larrikin attitude and disdain of authority was the main component of the campaign to hold the company accountable for its asbestos scandal. He passed away in 2007 from mesothelioma peritoneal.
A funeral for the State was held for him in NSW on December 5, 2007. At the time of his death he was suffering from the terminal mesothelioma. He was fighting for a long time with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His passion, articulacy and determination made him a national figure and a champion for asbestos patients.
He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the latter half of the 1960s and early 1970s. He was diagnosed with asbestosis and mesothelioma, like many other workers at the time. His brother Ted died from mesothelioma, and one of his children has a debilitating version of the disease.
mesothelioma compensation claims was named in honor of his memory was able to remove a limitation that made it impossible for people who suffered other forms of asbestos exposure from seeking compensation. Prior to this victims could only claim compensation if they had been exposed to asbestos while working.
Since the enactment of the Bernie Banton Law a number of laws have been amended to increase the rights for asbestos victims and their families. In Victoria asbestos exposure can be a result of non-work activities, such as exposure to asbestos through secondhand sources or environmental contamination.
The new laws also extend the rights of asbestos victims to seek damages for loss of income as well as pain and suffering and impairment of the quality of life. Compensation is also available for a variety of expenses, including travel to the hospital or medical facility and rehabilitation equipment. In certain cases the lump sum may be used to pay for funeral expenses.
The Wrongs Act
Compensation is available to those diagnosed with mesothelioma and other asbestos-related illnesses. The amount of compensation offered depends on the extent of the damage and loss that are suffered. Damages are generally divided into two categories: non-economic and economic damages. Economic damages are those which can be quantified in terms of concrete numbers such as medical expenses, treatment costs and lost income. Non-economic losses are intangible damages like suffering, pain, and loss of enjoyment of living.
Many states and territories offer mesothelioma-related compensation schemes through the government. cases. However, people who develop an asbestos-related illness can also pursue a common law claim. To ensure that the claim is handled properly, it's best to contact an attorney with experience.
A seasoned mesothelioma compensation lawyer can advise you of all of your options, including statutory compensation schemes and pursuing an ordinary law claim. They can also help you collect the evidence you need to back your claim. Included in this are workmate statements, medical reports and any other documents that can help strengthen your claim.
You can report your exposure, no matter how recent or old to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica, and chemicals by registering your exposure on the free National Asbestos, Silica, Chemicals and Fumes Register.
It is essential to speak with an attorney for mesothelioma compensation as soon as you can if you or someone you know has been exposed asbestos. It is important to recognize that mesothelioma is a complex disease that can take many years before victims be compensated for the damages they deserve.
People who are diagnosed with mesothelioma and other asbestos-related diseases are currently subject to the Wrongs Act, which requires that they undergo an assessment of their injuries. This is to ensure that those injured by the negligence or other people are compensated appropriately. This includes ensuring that those who claim get the right amount of compensation for their loss of income, their 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 surrounding organs such as the lungs and abdomen (peritoneum), is caused by exposure to asbestos. Exposure to asbestos is the main cause. In Australia the majority of mesothelioma cases are pleural in nature and affect the lung. Mesothelioma could also affect the chest wall as well as the the peritoneum. In both instances the lining gets more dense than cigarette paper and can form a hard tumor about the size of the size of a fist. The symptoms of mesothelioma usually don't appear for many years after asbestos exposure.
In 2001, James Hardie Industries Ltd set the Medical Research and Compensation Foundation with a sum of $293 million to handle future asbestos compensation claims. The company's executives assured the public that the fund would be able to pay all legitimate asbestos-related compensation claims. The company then moved their head office and incorporation legal from the Netherlands to the Netherlands and claimed the move was for tax reasons.
However, despite the funds, it was later found that the fund was severely underfunded. At the end of 2003, it became clear that the fund did not have enough money to pay all the compensation due to asbestos-related victims.
This led to a huge trade union campaign and former James Hardie employees to pressure the company to pay the compensation shortfall expected. Bernie Banton was a former James Hardie Industries construction worker who worked for the company for over 30 years. He was diagnosed with asbestos-related illnesses.
In November 2006, James Hardie and the NSW Government signed an agreement that established the Asbestos Injuries Compensation Fund. The agreement included a legal document that would pay for asbestos-related ailments through James Hardie's special trust.
The Australian Taxation Office gave the Foundation private binding rulings that they believed would produce an a tax-friendly result for this fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has now given out more than $2 billion to asbestos-related victims. Some of this money has been earmarked for mesothelioma research, which includes clinical trials into new treatments for the disease. If you have suffered from asbestos-related diseases like mesothelioma, you should consider seeking legal advice about how to claim compensation.
Clinical Trials
Mesothelioma, a malignant condition that is a thin layer that surrounds various organs in the body, is caused by asbestos fibres. It is usually caused by long-term exposure to asbestos fibres which cause inflammation in mesothelium. There are different types of mesothelioma. The most popular type is the pleural. It affects the lining of the chest cavity and lungs. Others are peritoneal or pericardial.
Despite the fact asbestos is no longer in use, mesothelioma still occurs in Australia due to its long latency. Mesothelioma symptoms can take years to appear. If the symptoms are detected early enough, they could be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation can be used to pay treatment costs. The money can be used to assist the family members of a patient diagnosed with mesothelioma. Compensation depends on the mesothelioma type, the place it was discovered and how long the victim was exposed to asbestos.
Some hospitals in Australia are specifically geared towards treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are developing constantly. Patients suffering from mesothelioma may inquire from their doctors about clinical trials.
In Australia there are two main methods for people to seek compensation for mesothelioma. They can make a statutory claim using WorkCover, or they can file a court-mandated claim. The courts generally award higher compensation than legal claims.
The mesothelioma lawyers at Davey & Co can help patients with mesothelioma receive compensation. They have expertise in asbestos compensation claims, both for secondary exposure and primary exposure. They can assist people with compensation claims, and assist them in finding medical professionals. They can also help connect people to support groups for mesothelioma.
Mesothelioma is mostly associated with asbestos exposure in workplaces and homes. Construction workers, miners, and others who worked in asbestos mines or factories are at risk. They may be exposed to asbestos through second-hand products including clothing that is contaminated. Anyone at risk of developing mesothelioma might want to think about submitting information to the Australian Mesothelioma Register. This will aid researchers in establishing guidelines to avoid asbestos exposure in the future.