Mesothelioma Compensation Australia
Mesothelioma is a malignant tumor of the pleura (lung liner) or the peritoneum. It is most often caused by exposure to asbestos.
Many states have compensation programs for victims. A mesothelioma lawyer will help you navigate the legal process of filing a lawful claim. You could also be in a position to make a common law claim which could result in a higher amount of compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004, was the face of asbestos victims as well as the person behind the legal fight against James Hardie. A passionate Australian advocate for social justice, his larrikin spirit 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 for him in NSW on December 5, 2007. He was dying of mesothelioma in its final stages at the time. He was fighting for years with James Hardie in order to be able to get Alimta to be included in the Pharmaceutical Benefits Scheme. His passion, articulacy, and determination made him a national icon and a champion for asbestos sufferers.
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 the asbestosis diagnosis was confirmed and later with mesothelioma. His older brother Ted was also diagnosed with mesothelioma and one of his children has a severe form of the disease.
The new law was named in honor of his memory, removed a restriction which made it impossible for people who suffered other forms asbestos exposure from seeking compensation. In the past, victims could only sue for compensation if they had been exposed to asbestos in their work.
Since the introduction of the Bernie Banton Law a number of laws have been changed to increase the rights for asbestos victims and their families. In Victoria, asbestos exposure can be the result of non-work related activities, like exposure to asbestos through secondhand sources or environmental contamination.
The new laws expand asbestos victims' rights to seek damages for loss of income, pain, suffering, and impairment to the quality of life. Compensation is also available for a range of costs including travel costs to the hospital or medical facilities, rehabilitation and equipment. In some instances the lump sum may even cover funeral expenses.
The Wrongs Act
People diagnosed with mesothelioma and other asbestos-related diseases are entitled to compensation. The amount of compensation granted is contingent on the severity of the damage and loss that are suffered. Damages are generally divided into two categories: non-economic and economic damages. Economic damages are ones that can be measured in concrete terms like medical expenses or treatment expenses, as well as lost income. Non-economic damages, on other hand, are essentially losses such as suffering and loss of enjoyment.
Many states and territories have specific government compensation schemes that apply to mesothelioma claims. Anyone suffering from asbestos-related ailments can bring a lawsuit under the common law. In order to do so, it's important to contact an experienced lawyer to ensure the claim is handled properly.
A mesothelioma attorney with experience will be able guide you through all of your options, such as the statutory compensation schemes or making an action under common law. They can also assist you in gathering the evidence to support your claim. This includes workmate statements medical reports, workmate statements, and any other relevant documents that can help strengthen your case.
It's important to keep in mind that you can 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. By doing so you can prove the extent of your exposure and potentially reduce the time needed to settle your claim.
It is important to consult mesothelioma compensation lawyers as quickly as you can when you or someone you care about has been exposed to asbestos. It is essential to be aware that mesothelioma can be an extremely complex disease, and it may take years before patients get the compensation they deserve.
Today, those who have been diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act which requires them to go through a significant injury assessment process. This is designed to ensure that those who have been harmed by the negligence of others are compensated for their injuries. This includes ensuring claimants receive adequate compensation for their lost income, their pain and suffering, as well as the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a cancer that can be fatal of the linings surrounding organs like the lung (pleura) and the abdomen (peritoneum). It is caused by exposure to asbestos. The majority of mesothelioma cases in Australia are in the pleural region and affect the lungs. However, mesothelioma can also affect the peritoneum as well as the chest wall. In both instances, the lining thickens to the size of cigarettes and forms a hard, granular tumor that is that is the size of an hand. The symptoms of mesothelioma usually are not evident for a long time after asbestos exposure.
James Hardie Industries Ltd. is a company that manufactures James Hardie siding, created the Medical Research and Compensation Foundation in 2001, with a total of $293 million to pay for future asbestos compensation claims. Executives assured the public that the foundation would pay for all legitimate asbestos-related compensation claims. The company then relocated their headquarters 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. By late 2003 it was clear that the fund wouldn't have enough funds to pay all the compensation due to asbestos victims.
This triggered a massive trade union campaign and former James Hardie employees to force the company to pay the compensation shortfall expected. Bernie Banton was a former James Hardie Industries construction worker, who had worked there 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 that created the Asbestos Injuries Compensation Fund. This included a specific legal agreement to compensate victims of asbestos-related illnesses through a special purpose trust, which is funded by James Hardie.
The Australian Taxation Office provided the Foundation with binding private rulings they believed would provide an acceptable tax outcome for the proposed fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.
The fund has paid out more than $2 billion to asbestos victims. Some of the funds have been used to fund mesothelioma research and clinical trials to discover new treatments for the disease. Anyone who has suffered from mesothelioma or other asbestos-related diseases should think about seeking legal guidance on how to seek compensation.
Clinical Trials
Mesothelioma, a cancerous condition that affects a thin layer of skin around various organs in the body, is caused by asbestos fibres. It is usually caused by exposure to asbestos fibres for long periods of time which causes inflammation of the mesothelium. There are several mesothelioma types. The most prevalent is pleural which affects the lung lining and chest cavity. Other types are pericardial or the peritoneal.
Despite claiming compensation for mesothelioma that asbestos is no longer in use mesothelioma continues to be a problem in Australia due to its lengthy latency period. It can take years for people to develop the symptoms of mesothelioma. If the symptoms are detected at an early stage, they can be treated with chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation can be used to cover the costs of treatment. It also provides money for the relatives of the person who has mesothelioma. Compensation depends on what kind of mesothelioma that the patient is diagnosed with, the place where the diagnosis was made and how long they were exposed to asbestos for.
Some hospitals in Australia specialise in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatments are being developed all the time. Patients suffering from mesothelioma should speak to their doctors about participating in clinical trials.
There are two main methods for people to claim mesothelioma compensation in Australia. They can either file an statutory compensation claim via WorkCover or file an application to the court. In general, courts award more compensation than the statutory claims.
Davey & Company's mesothelioma attorneys can assist patients with mesothelioma to receive compensation. They have experience in asbestos compensation claims for both primary and secondary exposure. They can assist people with compensation claims and assist them with finding medical specialists. They can also help connect people with support groups for mesothelioma.
Mesothelioma is most commonly found in homes and workplaces where asbestos is present. People at risk of exposure include miners, construction workers, and other people who worked in asbestos factories or mines. Asbestos can also be ingested from second-hand clothes or products. People who are at risk of mesothelioma might want to consider submitting information to the Australian Mesothelioma Register. This will assist researchers in developing guidelines to avoid asbestos exposure in future.