Mesothelioma Compensation Australia
Mesothelioma is a malignant tumour of the pleura (lung lining) or the peritoneum. It is most often caused by exposure to asbestos.
Many states have compensation programs for victims. A mesothelioma lawyer can assist you with a legal claim under the statute of limitations. You may be able make a common law claim, which could lead to a higher compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims and was the person behind the legal fight against James Hardie. His larrikin attitude, disdain for authority and passion for social justice made him a fervent Australian crusader. He died in 2007 of peritoneal mesothelioma.
A State funeral was held for him in NSW on December 5, 2007. At the time of his death, he was suffering from the terminal mesothelioma. He had been engaged in a lengthy battle with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His determination, clarity of speech and passion made him a national figure and he was lauded as a champion for asbestos patients.
He was born in Parramatta and worked at the James Hardie Camellia plant in western Sydney in the late 1960s and into the early 1970s. Like many workers at the time asbestos dust was inhaled as part of his job and he was diagnosed with asbestosis and later mesothelioma. His older brother Ted died from mesothelioma, and one of his kids suffers from a severe form of the disease.
The new law was named after him eliminated a rule that made it impossible for people who suffered other forms of asbestos exposure from suing for 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 enhance the rights of asbestos victims and their families. In Victoria there is a possibility to claim for mesothelioma compensation if they were exposed to asbestos through non-work-related activities, such as exposure to asbestos through secondhand exposure or environmental contamination.
The new laws also extend the rights of asbestos-related victims to seek damages for loss of income, pain and suffering, and impairment to quality of life. Compensation is also available for a range of costs such as travel costs to hospital or medical facilities, rehabilitation and equipment. In certain cases the lump sum could be used to pay for funeral expenses.
The Wrongs Act
Compensation is available to those who have been diagnosed with mesothelioma and other asbestos-related illnesses. The amount of compensation depends on the severity of the injuries and losses. Damages can be divided into two categories of damages: non-economic and economic. Economic damages are those that can be explained for in terms of concrete evidence, such as medical costs as well as treatment costs and lost income. Non-economic damages are those that are not tangible, such as pain, suffering, and loss of enjoyment living.
Many states and territories have mesothelioma-related compensation schemes through the government. cases. Anyone suffering from asbestos-related diseases can file a common law lawsuit. To pursue this it is important to contact an experienced lawyer to ensure that the claim is handled correctly.
A mesothelioma lawyer who has expertise will be able to provide you with all your options, such as the statutory compensation schemes or making an action under common law. They can also help you collect the evidence you need to back your claim. This includes statements from your coworkers medical reports, statements from doctors and other relevant documents that may help support your case.
It is crucial to keep in mind that you are able to declare your exposure to asbestos, silica, and other chemicals through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or how recently ago the exposure occurred. You can prove your exposure to asbestos, silica and chemicals by recording your exposure on the free National Asbestos, Silica Chemicals and Fumes Register.
If you or someone you know has been exposed to asbestos, it's important to consult a mesothelioma compensation attorney as soon as you can. It is crucial to understand that mesothelioma may be a complicated disease and it could take years before patients receive the compensation they deserve.
Today, those who have been who are diagnosed with mesothelioma as well as other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo an extensive assessment of their injuries. This is intended to ensure that those who are injured due to the negligence of others are adequately compensated for their injuries. This includes ensuring that those who claim get the right amount of compensation for their loss of income, suffering and pain, and the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma A deadly tumor of the linings that surround organs like the abdomen and the lungs (peritoneum), is caused by asbestos exposure. Exposure to asbestos is the main cause. In Australia the majority of cases of mesothelioma are pleural and affect the lungs. Mesothelioma could also affect the chest wall and peritoneum. In both instances the lining of the chest wall becomes thicker than cigarette paper to form a hard tumor about the size of a fist. The signs of mesothelioma usually don't show up until a long time after the initial exposure to asbestos.
In 2001, James Hardie Industries Ltd set the Medical Research and Compensation Foundation with $293 million to handle future asbestos compensation claims. Executives assured the public that the fund would be able to pay all genuine asbestos-related compensation claims. The company then moved their head office and legal incorporation from the Netherlands to the Netherlands and claimed the move was for tax reasons.
However, despite the money, it was later found that the fund was severely underfunded. At the end of 2003, it was obvious that the fund didn't have enough funds to pay for all compensation due to asbestos victims.
This led to a massive campaign by trade unions and former James Hardie employees to help the company pay for the anticipated compensation gap. One of the main people in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years and developed various asbestos-related diseases.
In mesothelioma navy compensation , James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. The agreement included a legal document to compensate asbestos-related diseases with payments from James Hardie's special-purpose trust.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would result in an acceptable tax outcome for this fund. James Hardie also agreed to contribute 35 percent of its operating cash flow into the fund.
The fund has now paid out over $2 billion to asbestos-related victims. Some of the funds have been directed to supporting mesothelioma research, including clinical trials of new treatments for the disease. People who have been affected by mesothelioma or any other asbestos-related diseases should consider 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 usually caused by exposure to asbestos fibres for long periods of time that causes inflammation in the mesothelium. There are several types of mesothelioma. The most common type is pleural. It 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 is still able to develop due to the long latency period. It can take years before people begin to show symptoms of mesothelioma. If symptoms are identified early enough, they could be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. This compensation could help pay for the cost of treatment. It can also provide money for the family members of the patient with mesothelioma. Compensation is contingent upon the type of mesothelioma, the location it was diagnosed and how long the victim was exposed to asbestos for.
Some hospitals in Australia specialise in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are developing constantly. People who are suffering from mesothelioma should talk 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 make a statutory compensation claim through WorkCover or make a court complaint. In general, the courts give more compensation than the statutory claims.
Davey & Co's mesothelioma lawyers can assist patients with mesothelioma receive compensation. They have experience in asbestos compensation claims for primary and secondary exposure. They can help people with compensation claims as well as assist them with finding medical specialists. They can also help connect people with mesothelioma support groups.
Mesothelioma is most commonly found in homes and workplaces where asbestos is present. The people at the risk of exposure are miners, construction workers, and other people who worked in asbestos-contaminated factories or mines. It is also possible to get asbestos by reusing clothing or other products. People who are at risk of developing mesothelioma should think about submitting information to the Australian Mesothelioma Registry. This will allow researchers to create policies that will protect against asbestos exposure.