Mesothelioma Compensation Australia
Mesothelioma is also referred to as malignant pleural tumors or peritoneal cancers is a malignant tumour of the pleura. Exposure to asbestos is the principal reason.
Many states provide compensation to victims. A mesothelioma lawyer can assist you navigate a legal claim under the statute of limitations. You could be able to file a common-law claim, which could result in greater amount of compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims and was the person behind the legal battle against James Hardie. His larrikin spirit, a dislike of authority and passion for social justice made him an ardent Australian crusader. He died of peritoneal mesothelioma in 2007.
A funeral for the State was held in his honor in NSW on the 5th of December. He was suffering from mesothelioma that was terminal at the time. He was fighting for many years with James Hardie in order to be able to get Alimta on the Pharmaceutical Benefits Scheme. His determination, articulacy and passion made him a renowned 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 latter half of the 1960s and early 1970s. He was diagnosed with mesothelioma and asbestosis as were many other workers of the time. His brother Ted passed away from mesothelioma and one of his children has a fatal form of the disease.
The new law was named after him and removed a limitation that meant that people who suffered from other forms of asbestos exposure were not able to pursue compensation. In the past, victims could only sue to receive compensation if they'd been exposed to asbestos at work.
Since the introduction the Bernie Banton Law a number of laws have been amended to increase the rights of asbestos victims and their families. In Victoria, asbestos exposure can be a result of non-work related activities, like exposure to secondhand asbestos or environmental contamination.
The new laws also extend asbestos victims' rights to sue for damages for income loss as well as pain and suffering and impairment to the quality of their life. Compensation is also available for a range of expenses like travel expenses to hospitals or medical treatment, as well as rehabilitation equipment. In some cases, the lump sum can cover funeral costs.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related illnesses are entitled to compensation. The amount of compensation granted is contingent on the severity of the damage and loss suffered. Damages are usually classified into two categories: non-economic and economic damages. Economic damages are those which can be quantified in concrete terms like medical expenses, treatment costs and lost income. Non-economic damages, on contrary, are intangible losses, such as suffering and loss of enjoyment.
Many states and territories have mesothelioma-related compensation schemes through the government. cases. However, those who develop an asbestos-related disease can also pursue a common law claim. In order to pursue a common law claim it is essential to speak with an experienced lawyer to ensure that the claim is handled correctly.
A mesothelioma lawyer who has experience can guide you through all of your options, such as legal compensation schemes, or pursuing a claim under common law. They can also assist you in obtaining the evidence you need to prove your claim. Included in this are workmate statements, medical reports and other documents that could support your claim.
You can report your exposure, no matter how old or recent, to chemicals, silica, and asbestos 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.
If you or someone you know has been exposed to asbestos, it's important to consult a qualified mesothelioma compensation solicitor as soon as possible. It is crucial to understand that mesothelioma can be a complex illness and it can take years before patients get the compensation they deserve.
Those diagnosed with mesothelioma or other asbestos-related diseases are 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 compensated appropriately. This includes ensuring claimants get the right amount of compensation for their loss of income, their pain and suffering as well as the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a deadly tumour of the linings that surround organs such as the lung (pleura) and the abdomen (peritoneum). Exposure to asbestos is the main cause. mesothelioma compensation fund of mesothelioma cases in Australia are lung-related and affect the lung. However, mesothelioma may also affect the peritoneum and chest wall. In both instances the lining of the chest wall thickens to the same thickness as cigarettes and develops into a hard tumour the size of an hand. The signs of mesothelioma usually don't show up until a long time after the initial exposure to asbestos.
James Hardie Industries Ltd., a company that produces James Hardie siding, created the Medical Research and Compensation Foundation in 2001 with $293 million to pay for future asbestos compensation claims. Executives assured the public the fund would cover all legitimate asbestos-related claims. The company later moved their head office and incorporation legal from the Netherlands to the Netherlands and claimed that this was due to tax reasons.
The fund was found to be grossly underfunded despite the money. At the close of 2003, it became clear that the fund did not have enough funds to pay for all compensation due to asbestos victims.
This triggered a massive 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 more than 30 years. He contracted asbestos-related ailments.
In November 2006 in November 2006, the NSW Government and James Hardie signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a legal contract that would compensate asbestos-related illnesses through James Hardie's special-purpose trust.
The Australian Taxation Office provided the Foundation with binding private rulings that they believed would deliver an acceptable tax outcome for the proposed fund. James Hardie also agreed to contribute 35 percent of its operating cash flow into the fund.
The fund has now granted more than $2 billion to asbestos-related victims. A portion of this money has been used to fund mesothelioma research and clinical trials into new treatments for the disease. If you have suffered from asbestos-related diseases such as mesothelioma, you should consider seeking legal advice on how to claim compensation.
Clinical Trials
Mesothelioma, a form of cancer, affects the mesothelium which is thin layer of tissue that surrounds many organs of the body. It is usually caused by exposure to asbestos fibres which cause inflammation in the mesothelium. There are several types of mesothelioma. The most prevalent kind is pleural. It affects the lining in the lungs and chest cavity. Others are peritoneal or pericardial.
Despite the fact that asbestos is no longer used, mesothelioma still occurs in Australia due to its long latency. Mesothelioma symptoms can take a long time to manifest. If the symptoms are caught early enough they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. This compensation could help pay for the costs of treatment. The money can be used to assist the family members of a person diagnosed with mesothelioma. Compensation depends on the type of mesothelioma, the location it was diagnosed and how long the patient was exposed to asbestos.
Some hospitals in Australia are specialized in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are developing constantly. People who are suffering from mesothelioma should talk to their doctors about participating in clinical trials.
There are two primary ways that people can claim mesothelioma compensation in Australia. They can make a statutory claim using WorkCover or make a court claim. The courts generally award more compensation than claims made by the statutory authorities.
The mesothelioma lawyers at Davey & Co can help patients with mesothelioma receive compensation. They have expertise in asbestos compensation claims for primary and secondary exposure. They can help people with compensation claims and assist them in finding medical specialists. They can also help connect people with mesothelioma support groups.
Mesothelioma is most often associated with asbestos exposure in workplaces and homes. Miners, construction workers and other workers in asbestos mines or factories are at risk. They could also be exposed to asbestos through second-hand products, such as contaminated clothing. People who are at risk of developing mesothelioma should consider providing details to the Australian Mesothelioma Registry. This will help researchers develop policies to stop asbestos exposure.