Mesothelioma Compensation Australia
Mesothelioma, also known as malignant pleural tumors or peritoneal cancers, is a malignant tumor of the pleura. It is almost exclusively caused by exposure to asbestos.
Many states provide compensation to victims. A mesothelioma attorney can assist you in navigating the statutory claim. You may be able 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 who led the legal battle against James Hardie. His larrikin attitude, disdain for authority, and passion for social justice made him an ardent Australian crusader. He passed away in 2007 from mesothelioma of the peritoneal region.
A funeral for the State was held in his honor in NSW on 5 December 2007. He was dying from mesothelioma in its final stages at the time. He was fighting for many years with James Hardie in order to obtain Alimta included in the Pharmaceutical Benefits Scheme. His passion, articulacy, and determination made him a national icon and an advocate for asbestos patients.
He was born in Parramatta, and worked in the James Hardie Camellia factory in western Sydney during the late 1960s to early 1970s. Like many other workers of the time, asbestos dust was inhaled as part of his job. the asbestosis diagnosis was confirmed and later mesothelioma. His brother Ted passed away from mesothelioma and one of his children suffers from a fatal form of the disease.
The new law was named in his honour and removed a limitation that meant that people who suffered from other forms of asbestos exposure were not able to sue for compensation. Prior to this the victims could only seek compensation if exposed to asbestos while at work.
Since the introduction of the Bernie Banton Law, a number of other laws have been modified to increase the rights of asbestos victims and their families. In Victoria asbestos exposure could be a result of activities outside of work, such as exposure to asbestos through secondhand sources or environmental contamination.
The new laws extend asbestos victims the right to claim damages for loss of income, pain, suffering, and impairment in the quality of life. Compensation is also available for a range of expenses, such as transport to the hospital, medical treatment and equipment for rehabilitation. In some instances an amount lump-sum can even be used to pay for funeral expenses.
The Wrongs Act
Those diagnosed with mesothelioma or other asbestos-related diseases are entitled compensation. The amount of compensation depends on the severity of the injuries and losses. Damages are usually classified into two categories: economic and non-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 the other hand, are intangible damages such as pain and suffering, as well as loss of enjoyment.
Many states and territories provide mesothelioma compensation programs through government cases. Anyone suffering from asbestos-related ailments can file a common law lawsuit. To ensure that the claim is handled properly it is recommended to speak with an attorney with experience.
A mesothelioma lawyer with experience will be able advise you on all possible options, including the statutory compensation schemes or making claims 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 may help support your case.
It is important to keep in mind that you can identify your exposure to asbestos, silica and chemicals through the no-cost National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or how recently ago the exposure took place. By doing so you can prove the existence of your exposure and potentially reduce the time needed to settle your claim.
If you or someone you know has been exposed to asbestos, it's crucial to seek advice from an experienced mesothelioma compensation lawyer as soon as you can. veterans compensation for mesothelioma is important to know that mesothelioma may be an extremely complex disease and it could take years before victims receive the compensation they are due.
Patients diagnosed with mesothelioma or other asbestos-related diseases are currently subject to the Wrongs Act, which requires that they go through an 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 that claimants receive sufficient compensation for their loss of income, suffering and pain, and the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma A deadly tumor of the linings around organs, such as the abdomen and lungs (peritoneum), is caused by asbestos exposure. It is caused by exposure to asbestos. In Australia, most mesothelioma cases are pleural in nature and affect the lung. However, mesothelioma may also affect the peritoneum as well as the chest wall. In both instances, the lining becomes more dense than cigarette paper and can form a hard tumor about the size of a fist. The symptoms of mesothelioma rarely 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 a budget of $293 million to deal with future asbestos compensation claims. Executives assured the public that the fund would meet any 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 discovered to be in a state of extreme underfunding despite the funds. By late 2003 it was clear that the fund would not have enough funds to pay out 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 had worked there for more than 30 years. He contracted asbestos-related ailments.
In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. The agreement included a legal document that would compensate asbestos-related illnesses with payments from James Hardie's special trust.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would lead to an an acceptable tax outcome for this fund. James Hardie also agreed to pay 35 percent of the operating cash flow into the fund.
The fund has given out more than $2 billion to asbestos victims. A portion of the funds was used to support mesothelioma cancer research, which includes clinical trials for the development of new treatments. If you've suffered from asbestos-related diseases such as mesothelioma, it is worth seeking legal advice about the best way to claim compensation.
Clinical Trials
Mesothelioma, a cancerous condition that affects a thin layer surrounding various organs in the body is caused by asbestos fibres. It is typically caused by exposure to asbestos fibres for long periods of time that inflames the mesothelium. There are different types of mesothelioma. The most common type is the pleural. It affects the lining of the lungs and chest cavity. Other types are pericardial or peritoneal.
Despite the fact asbestos is no longer in use mesothelioma is still a problem in Australia due to its lengthy latency. It can take decades for people to develop the symptoms of mesothelioma. However, if the signs are detected early enough, they can be treated by surgery or chemotherapy.
Asbestos victims may be eligible for compensation. This compensation could help pay for the costs of treatment. It may also provide funds for the family members of the person suffering from mesothelioma. Compensation depends on what type of mesothelioma the victim has, where the diagnosis was made, and how long they were exposed to asbestos for.
Some hospitals in Australia specialize in treating mesothelioma. This includes the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed constantly. Patients with mesothelioma can inquire from their doctors about clinical trials.
In Australia there are two main methods to seek compensation for mesothelioma. They can file a statutory claim through WorkCover, or they can make a court claim. The courts generally award higher compensation than the statutory claims.
Davey & Co's mesothelioma lawyers can assist those suffering from mesothelioma get compensation. They have experience with asbestos compensation claims for both primary and secondary exposure. They can help people with compensation claims as well as assist them in finding medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma is most often found in workplaces and homes where asbestos is present. Construction workers, miners, and others who worked in asbestos mines or factories are at risk. It is also possible to get asbestos by reusing clothing or other products. People who are at risk of mesothelioma may want to consider submitting information to the Australian Mesothelioma Register. This will help researchers create policies that will protect against asbestos exposure.