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Mesothelioma Compensation Australia

Mesothelioma is also referred to as malignant pleural or peritoneal tumours, is a malignant tumor of the pleura. It is almost exclusively caused by exposure to asbestos.

Many states offer compensation to victims. A mesothelioma lawyer can help you with a lawful claim. You may be able make a common law claim, which could lead to a higher amount of compensation.

The Bernie Banton Law

The late Bernie Banton was the public face of victims of asbestos and was the person who led the legal battle against James Hardie. A passionate Australian crusader for social justice, his larrikin ethos and disdain of authority was the main component of the campaign to make James Hardie accountable for its asbestos scandal. He died of peritoneal mesothelioma in 2007.

On 5 December 2007, the State funeral was held in NSW for the deceased. At the time of his passing, he was suffering from the terminal mesothelioma. He was engaged in a lengthy battle with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His passion, articulacy, and determination made him a national figure and a champion 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 a part of his job. Eventually, the asbestosis diagnosis was confirmed and later mesothelioma. His older brother Ted was also diagnosed with mesothelioma and one of his children has a fatal form of the disease.

The new law was named in honor of him and removed a limitation that meant that people who suffered from other types of asbestos exposure were unable to pursue compensation. Previously victims were only eligible to claim compensation if they had been exposed to asbestos in their 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 can be the result of non-work activities, such as exposure to asbestos through secondhand sources or environmental contamination.

The new laws also expand asbestos victims' rights to seek damages for lost income or pain and suffering and impairment to quality of life. Compensation is also available for a variety of costs, including travel to the hospital or medical facility, as well as rehabilitation equipment. In certain cases the lump sum may cover funeral costs.

The Wrongs Act

Those diagnosed with mesothelioma or other asbestos-related diseases are entitled compensation. The amount of compensation awarded is contingent upon the severity of the injuries and losses suffered. Damages can be divided into two types of damages: non-economic and economic. Economic damages are those which can be quantified in terms of concrete numbers such as medical expenses, treatment costs, and lost income. Non-economic damages are those that are not tangible that include suffering, pain and loss of enjoyment of living.

Many states and territories have specific compensation schemes for government that apply to mesothelioma claims. Anyone suffering from asbestos-related diseases can make a common law claim. In order to do so, it's important to contact an experienced lawyer to ensure the claim is handled correctly.

A mesothelioma lawyer with experience can provide you with all possible options, including statutory compensation schemes or pursuing a claim under common law. They can also help you gather the evidence needed to back your claim. This includes workmate statements medical reports, statements from doctors and other relevant documents that can help strengthen your case.

It is 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 took place. In doing so you can prove the existence of your exposure and reduce the time required to settle your claim.

If you or someone You May Be Entitled To Compensation Mesothelioma know has been exposed to asbestos, it's essential to seek out a qualified mesothelioma compensation solicitor as soon as possible. It's important to understand that mesothelioma is a complex disease and it can take many years before victims get the compensation they deserve.

Presently, people who are diagnosed with mesothelioma as well as other asbestos-related diseases are subject to the Wrongs Act which requires them to go through a significant injury assessment process. This is designed to ensure that people who have been harmed by the negligence of others are compensated for their injuries. This includes ensuring that claimants receive adequate compensation for their loss of income, pain and suffering and the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma A deadly tumor you May be entitled To compensation mesothelioma of the linings surrounding organs, such as the abdomen and the lungs (peritoneum), is caused by exposure to asbestos. Exposure to asbestos is the main cause. Most cases of mesothelioma in Australia are pleural and affect the lungs. However, mesothelioma can also affect the peritoneum as well as the chest wall. In both cases, the lining thickens to the thickness of cigarette paper and forms a hard tumour the size of an hand. The signs of mesothelioma typically do not manifest for a long time after asbestos exposure.

In 2001 James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a sum of $293 million to handle future asbestos compensation claims. Executives assured the public that the fund would pay for all legitimate asbestos-related claims. The company then relocated its head office and incorporation process to the Netherlands in the belief that it was for tax reasons.

The fund was discovered to be grossly underfunded despite the funds. By late 2003 it was clear that the fund would not have enough funds to pay all the compensation due to asbestos victims.

This led to a huge campaign by trade unions and former James Hardie employees to ensure that the company make up the compensation shortfall. One of the most prominent participants in this campaign was Bernie Banton, a former construction worker who had worked for James Hardie Industries for more than 30 years. He also developed various asbestos-related diseases.

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 by transferring funds from James Hardie's special trust.

The Australian Taxation Office provided the Foundation with private binding rulings they believed would deliver an acceptable tax result for the fund. James Hardie agreed to contribute 35 percent of the operating cash flow.

The fund has dispensed more than $2 billion to asbestos-related victims. Some of the money was used to support mesothelioma cancer research, which includes clinical trials to test new treatments. If you've been affected by asbestos-related diseases like mesothelioma, you should consider seeking legal advice about how to claim compensation.

Clinical Trials

Mesothelioma, a cancerous condition that affects a thin layer of skin around several organs of the body, is caused by asbestos fibres. It is usually caused by long-term exposure to asbestos fibres that cause inflammation in the mesothelium. There are various types of mesothelioma. The most common is pleural that affects the lung lining and chest cavity. Other conditions include pericardial or peritoneal.

Despite the fact asbestos is no longer in use mesothelioma continues to be a problem in Australia because of its lengthy latency period. It can take a long time before people begin to show symptoms of mesothelioma. However, if the signs are caught early enough 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 with mesothelioma. Compensation depends on the type of mesothelioma, where it was diagnosed and how long the patient was exposed to asbestos.

Some hospitals in Australia have a specialization in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatment options are being developed all the time. Patients suffering from mesothelioma may consult their physicians about clinical trials.

In Australia there are two main methods for people to claim compensation for mesothelioma. They can either file a statutory compensation claim through WorkCover or file an application to the court. The courts generally award higher compensation than the claims made by the statutory authorities.

Davey & Co's mesothelioma attorneys can help those with mesothelioma to receive compensation. They have experience in asbestos compensation claims for both primary and secondary exposure. They can assist those with compensation for mesothelioma death claims, and help them find medical professionals. They can also help connect people with mesothelioma support groups.

Mesothelioma is most commonly found in homes and workplaces where asbestos is present. People at the risk of exposure are miners, construction workers, and other people who worked in asbestos factories or mines. Asbestos can also be ingested from second-hand clothing or products. Those who are at risk of mesothelioma should consider submitting their details to the Australian Mesothelioma Registry. This will aid researchers in establishing guidelines to avoid asbestos exposure in future.