Mesothelioma Compensation Australia
Mesothelioma is also referred to as malignant peritoneal or pleural tumours is a malignant tumour of the pleura. Exposure to asbestos is the primary cause.
Many states have compensation schemes for victims. A mesothelioma lawyer can assist you with the legal process of filing a statutory claim. You might be able to make a common law claim, which could result in a greater amount of compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims and was the man behind the legal fight against James Hardie. A passionate Australian advocate for social justice, his larrikin ethos and disdain of authority was a key part of the campaign to bring the company to account for its asbestos scandal. He passed away in 2007 from peritoneal mesothelioma.
On 5 December 2007, the State funeral was held in NSW for him. At the time of his death he was suffering from terminal mesothelioma. He had been involved in a long-running battle with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. 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 in the James Hardie Camellia factory in western Sydney in the period from the late 1960s through to the early 1970s. Like many workers at the time he inhaled asbestos dust as a part of his job. it was discovered that he had asbestosis and later mesothelioma. His older brother Ted also died of mesothelioma. One of his children suffers from a severe form of the disease.
The new law was named in his honour and removed a limitation that meant those who suffered from other types of asbestos exposure were unable to sue for compensation. Prior to this the victims could only seek compensation if they had been exposed to asbestos while working.
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 asbestos exposure can be a result of activities outside of work, such as exposure to secondhand asbestos or environmental contamination.
The new laws also expand asbestos victims' rights to seek damages for loss of income or pain and suffering and impairment to their the quality of life. Compensation is also provided for a variety of expenses including travel costs to hospital, medical treatment and rehabilitation equipment. In certain cases an amount lump-sum can even be used to pay for funeral expenses.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related diseases are entitled compensation. The amount of compensation depends on the severity of the injuries and the loss. Damages are usually classified into two categories: economic and non-economic damages. Economic damages are those that can be accounted in concrete terms, such as medical costs or treatment expenses, as well as lost income. Non-economic losses are intangible damages that include suffering, pain, and loss of enjoyment living.
Many states and territories have mesothelioma-related compensation schemes through the government. cases. Patients suffering from asbestos-related ailments can bring a lawsuit under the common law. To pursue this, it's important to contact an experienced lawyer to ensure that the claim is handled correctly.
A mesothelioma attorney with expertise will be able to advise you on all your options, such as legal compensation schemes, or pursuing an action under common law. They can also assist in gathering the evidence to prove your claim. Included in this are workmate statements, medical reports and any other documents that may strengthen your claim.
You can record your exposure, no matter how old or recent to chemicals silica, asbestos, or chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. By doing this, you can establish proof of your exposure, and possibly reduce the time required to settle your claim.
It is crucial to talk with a mesothelioma compensation lawyer as early as you can if you or someone you know has been exposed to asbestos. It is important to recognize that mesothelioma is a complicated disease that can take many years before victims get the compensation they deserve.
People who are diagnosed with mesothelioma and other asbestos-related diseases are currently subject to the Wrongs Act, which requires to go through an injury assessment process. This is to ensure that those who have been injured as a result of the negligence of other people are adequately compensated. This includes ensuring that claimants receive sufficient compensation for their loss of income, pain and suffering, and the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a cancer that can be fatal of the linings around organs such as the lungs (pleura) and the abdomen (peritoneum). Exposure to asbestos is the main cause. Most cases of mesothelioma in Australia are pleural and affect the lungs. However, mesothelioma may also affect the peritoneum as well as the chest wall. In both cases, the lining becomes thicker than cigarette paper to form a hard tumour about the size of an oblique. The signs of mesothelioma typically do not manifest for a long time after exposure to asbestos.
James Hardie Industries Ltd. is a company that manufactures James Hardie siding, founded the Medical Research and Compensation Foundation in 2001, with a total of $293 million to ensure 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 relocated its headquarters and incorporation process to the Netherlands and claimed that this was due to tax reasons.
The fund was found to be severely underfunded despite the money. By the end of 2003, it was clear that the fund was not able to raise enough money to pay 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 shortfall. Bernie Banton was a former James Hardie Industries construction worker who worked for the company for over 30 years. He developed asbestos-related diseases.
In November 2006 In November 2006, the NSW Government and James Hardie signed an agreement that established the Asbestos Injuries Compensation Fund. This included a special legal agreement to pay compensation to victims of asbestos-related illness 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 the most tax-efficient outcome for this fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.
The fund has now paid out over $2 billion to asbestos victims. Some of the money was used to support mesothelioma research, including clinical trials to test new treatments. If you've suffered from asbestos-related illnesses like mesothelioma, it is worth seeking legal advice on the best way to claim compensation.
Clinical Trials
Mesothelioma, a cancerous condition that affects a thin layer surrounding many organs of the body, is caused by asbestos fibres. It is typically caused by exposure to asbestos fibers that inflame mesothelium. There are various types of mesothelioma. The most prevalent kind is the pleural. It affects the lining in the chest cavity and lungs. Others are peritoneal or pericardial.
While asbestos is no longer in use in Australia, mesothelioma continues to develop due to the long time of latency. It can take decades before people begin to show symptoms of mesothelioma. However, if compensation due to mesothelioma 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. It can also be used to aid the family members of a patient diagnosed with mesothelioma. Compensation is contingent upon the type of mesothelioma, where it was diagnosed, and how long the patient was exposed to asbestos.
Certain hospitals in Australia have a specialization in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatments are developing constantly. Patients suffering from mesothelioma are able to consult their physicians about clinical trials.
There are two ways for people to claim mesothelioma compensation in Australia. They can make a statutory claim using WorkCover, or they can make a court claim. The courts typically award more compensation than the statutory claims.
Davey & Co's mesothelioma lawyers can assist patients with mesothelioma get compensation. They have experience with asbestos compensation claims, both for primary and secondary exposure. They can help people with compensation claims and help them in finding medical professionals. They can also connect people with mesothelioma support groups.
Mesothelioma is most often found in workplaces and homes where asbestos is present. Miners, construction workers, and others who worked in asbestos factories or mines are at risk. Asbestos can also be ingested from second-hand clothing or products. Anyone at risk of developing mesothelioma might want to think about making a submission to the Australian Mesothelioma Register. This will enable researchers to develop policies to prevent asbestos exposure.