Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung liner) or peritoneum. Exposure to asbestos is the primary reason.
Many states offer compensation for victims. A mesothelioma lawyer can assist you navigate a legal claim under the statute of limitations. You could also be able to file a common law claim that could result in a higher amount of compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of victims of asbestos and the man who led the legal fight against James Hardie. A passionate Australian advocate for social justice, his larrikin attitude and disdain for authority were a major part of the campaign to make James Hardie accountable for its asbestos scandal. He died in 2007 of peritoneal mesothelioma.
A State funeral was held in NSW on the 5th of December. At the time of his passing, he was suffering from the terminal mesothelioma. He had been engaged in a lengthy battle with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His determination, articulacy, and passion made him a renowned national persona and he was hailed as an advocate for asbestos sufferers.
He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney during the latter half of the 1960s until the early 1970s. Like many other workers of the time, asbestos dust was inhaled as a part of his job. Eventually, the asbestosis diagnosis was confirmed and later with mesothelioma. His brother Ted also died of mesothelioma, and one of his children suffers from a debilitating form of the disease.
compensation due to mesothelioma was named in honor of him and it removed a restriction that meant those who suffered from other types of asbestos exposure were unable to sue for compensation. Prior to this victims could only 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 amended to enhance the rights of asbestos victims and their families. In Victoria, asbestos exposure can result from non-work activities, such as exposure to secondhand asbestos or environmental contamination.
The new laws also expand asbestos victims' rights to seek damages for income loss as well as pain and suffering and impairment to quality of life. Compensation is also available for a variety of costs, including transport to the hospital or medical facility and rehabilitation equipment. In some instances the lump sum may 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 varies on the severity of the injuries and the loss. Damages can be divided into two categories of damages: non-economic and economic. Economic damages are ones that can be measured for in terms of concrete evidence for example, medical costs as well as treatment costs and lost income. Non-economic damages, on contrary, are intangible losses such as suffering as well as the loss of enjoyment.
Many states and territories provide government compensation schemes for mesothelioma cases. However, those who suffer from 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 the claim is properly handled.
An experienced 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 gather the necessary evidence to back your claim. This includes statements from your coworkers, medical reports and other relevant documents that can help strengthen your case.
You can report your exposure, no matter how recent or old chemical, silica, and asbestos through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica, and chemicals by recording your exposure on the free National Asbestos Silica, Chemicals and Fumes Register.
It is important to consult an attorney for mesothelioma compensation as early as you can if you or someone you know has been exposed to asbestos. It's important to understand that mesothelioma is a complicated disease and it can take years for victims to get the compensation they deserve.
Those diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act, which requires that they go through an assessment of injuries. This is to ensure that those injured as a result of the negligence of other people are adequately compensated. This includes ensuring that claimants receive sufficient compensation for the loss of income, suffering and pain, as well as the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings around organs such as the lung (pleura) and the abdomen (peritoneum). Exposure to asbestos is the cause. Most cases of mesothelioma in Australia are pleural and affect the lungs. Mesothelioma could also affect the chest wall as well as the peritoneum. In both cases the lining of the chest wall becomes more dense than cigarette paper and can create a hard, swollen tumor that is the size of an oblique. The signs of mesothelioma typically do not manifest for a long time after 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. The executives assured the public the fund would meet any legitimate asbestos-related compensation claims. The company then relocated their headquarters and incorporation legal from the Netherlands to the Netherlands in the belief the move was for tax reasons.
However, despite the money, it was later found that the fund was severely underfunded. At the close of 2003, it was obvious that the fund did not have enough money to pay all compensation due to asbestos victims.
This led to a huge campaign by trade unions and former James Hardie workers to make the company make up the compensation shortfall. One of the main people in this campaign was Bernie Banton, a former construction worker who worked for James Hardie Industries for more than 30 years. He also developed various asbestos-related ailments.
In November 2006 in November 2006, the NSW Government and James Hardie signed an agreement that created the Asbestos Injuries Compensation Fund. This included a legal agreement to compensate asbestos-related diseases with payments from James Hardie's special trust.
The Australian Taxation Office provided the Foundation with binding and private rulings which they believed would provide an acceptable tax result for the proposed fund. James Hardie agreed to contribute 35 percent of the cash flow.
The fund has given out more than $2 billion to asbestos victims. A portion of this money has been earmarked for mesothelioma research and clinical trials to discover new treatments for the disease. If you have suffered from asbestos-related diseases such as mesothelioma it is worth seeking legal advice about how to claim compensation.
Clinical Trials
Mesothelioma, a malignant condition that affects a thin layer of skin around many organs of the body, is caused by asbestos fibres. It is usually caused by long-term asbestos fibre exposure that causes inflammation in the mesothelium. There are different types of mesothelioma. The most common is pleural, which affects the lining of the lungs and chest cavity. Other types include pericardial and peritoneal.
Despite the fact asbestos is no longer used mesothelioma is still a problem in Australia due to its lengthy latency. Mesothelioma symptoms can take a long time to appear. If the symptoms are discovered at an early stage, they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation may be used to cover treatment costs. It also provides money for the family members of the patient suffering from mesothelioma. Compensation depends on what kind of mesothelioma that the patient has, where the diagnosis was made and the length of time they were exposed to asbestos for.
Certain hospitals in Australia have a specialization in treating mesothelioma. They include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are developing constantly. Patients suffering from mesothelioma must talk to their doctors about participating in a clinical trial.
In Australia, there are two primary methods to seek mesothelioma compensation. They can either make an official claim for compensation through WorkCover or make a court complaint. In general, courts give more compensation than legal claims.
Davey & Co's mesothelioma lawyers can assist patients with mesothelioma get compensation. They have expertise in asbestos compensation claims for secondary exposure and primary exposure. They can assist people with compensation claims and help them find medical professionals. They can also help connect people to support groups for mesothelioma.
Mesothelioma is primarily related to asbestos exposure in workplaces and homes. The people at risk of exposure include miners, construction workers, and others who worked in asbestos factories or mines. They may also be exposed to asbestos through second-hand items including contaminated clothing. Anyone who is at risk of developing mesothelioma should think about submitting details to the Australian Mesothelioma Registry. This will help researchers design guidelines to avoid asbestos exposure in the future.