Mesothelioma Compensation Australia
Mesothelioma is a malignant cancer of the pleura (lung liner) or peritoneum. It is most often caused by exposure to asbestos.
Many states offer compensation to victims. A mesothelioma lawyer can assist you navigate an legal claim under the statute of limitations. You might be able to make a common law claim, which could lead to a greater amount of compensation.
The Bernie Banton Law
The late Bernie Banton was the public face of asbestos victims and the man who fought the legal battle against James Hardie. A passionate Australian crusader for social justice, his larrikin attitude and disdain for authority was the main component of the campaign to make James Hardie accountable for its asbestos scandal. He passed away from peritoneal msothelioma in 2007.
A funeral for the State was held in his honor in NSW on December 5, 2007. He was dying from terminal mesothelioma at the time. He had fought for years with James Hardie in order to obtain Alimta on the Pharmaceutical Benefits Scheme. His determination, articulacy, and passion made him a household persona and he was hailed as a champion for asbestos sufferers.
He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the late 1960s and early 1970s. Like many other workers of the time, asbestos dust was inhaled as part of his job. Eventually, he was diagnosed with asbestosis and later mesothelioma. His brother Ted passed away from mesothelioma, and one of his children has a fatal form of the disease.
The new law was named after him and also removed a clause that meant those who suffered from other types of asbestos exposure were not able to sue for compensation. Prior to this the victims could only seek compensation if exposed to asbestos while working.
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 the victims can now claim mesothelioma compensation in the event that they were exposed to asbestos through non-work-related activities, such as exposure to asbestos through secondhand exposure or environmental contamination.
The new laws also expand asbestos victims' rights to sue for damages for income loss as well as pain and suffering and impairment of quality of life. Compensation is also available for a variety of expenses, such as travel to the hospital or medical facility and equipment for rehabilitation. In some instances, a lump sum can even cover funeral expenses.
The Wrongs Act
Patients diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation awarded depends on the extent of the losses and injuries sustained. Damages can be divided into two types that are economic and noneconomic. Economic damages are those that can be quantified in a concrete way like medical expenses, treatment costs, and lost income. Non-economic damages are intangible losses, such as suffering, pain, and loss of enjoyment of living.
Many states and territories have mesothelioma-related compensation schemes through the government. cases. However, people who develop an asbestos-related disease can also pursue a common law claim. In order to pursue a common law claim it is important to contact an experienced lawyer to ensure that the claim is handled properly.
A seasoned mesothelioma compensation lawyer will be able to advise you on all your options which include the statutory compensation schemes as well as pursuing an action under the common law. They can also help you collect the evidence you need to prove your claim. This includes workmate statements medical reports, statements from doctors and other relevant documents that may help support your case.
It is important to keep in mind that you can register your exposure to asbestos, silica, and other chemicals through the no-cost National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure took place. In doing so you can prove the extent of your exposure, and possibly reduce the time needed to settle your claim.
It is essential to speak with an attorney for mesothelioma compensation as early as you can if you or someone you know has been exposed to asbestos. It is important to know that mesothelioma may be an extremely complex disease and it could take years before victims receive the compensation they deserve.
Those diagnosed with mesothelioma or other asbestos-related diseases are currently subject to the Wrongs Act, which requires that they undergo an assessment of their injuries. This is intended to ensure that those who have suffered harm due to the negligence of others are compensated for their injuries. This includes ensuring claimants get the right amount of compensation for their lost income, their pain and suffering and the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings that surround organs like the abdomen and lungs (peritoneum) is caused by asbestos exposure. Exposure to asbestos is the reason. In Australia the majority of mesothelioma cases are pleural and affect the lungs. Mesothelioma may also affect the chest wall and peritoneum. In both instances, the lining becomes more dense than cigarette paper and can create a hard, swollen tumor that is the size of a fist. Symptoms of mesothelioma don't usually manifest until several years after the initial exposure to asbestos.
James Hardie Industries Ltd. A company that makes James Hardie siding, founded the Medical Research and Compensation Foundation in 2001 with $293 million to pay for future asbestos compensation claims. The executives assured the public the fund would meet all genuine asbestos-related compensation claims. The company then moved its headquarters and legal incorporation to the Netherlands, claiming this was done for tax reasons.
The fund was discovered to be grossly underfunded despite the funds. By late 2003 it was evident that the fund wouldn't have enough funds to pay out all compensation due to asbestos victims.
This led to a huge 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 worked there for more than 30 years. He was diagnosed with asbestos-related illnesses.
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 pay compensation to victims of asbestos-related illnesses with payments from a special purpose trust that is financed by James Hardie.
The Australian Taxation Office provided the Foundation with binding and private rulings that they believed would deliver an acceptable tax outcome for the proposed fund. James Hardie also agreed to contribute 35 percent of its operating cash flow into the fund.
The fund has given out more than $2 billion to asbestos victims. A portion of this money has been used to fund mesothelioma research, including 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 on the best way to claim compensation.
Clinical Trials
Mesothelioma is a type of cancer that affects the mesothelium, which is a thin layer of tissue surrounding various organs in the body. It is usually caused by long-term exposure to asbestos fibres which inflame the mesothelium. There are several types of mesothelioma. The most frequent is pleural, which affects the lung lining as well as the chest cavity. Other conditions include pericardial or peritoneal.
Despite the fact that asbestos is no longer used mesothelioma continues to be a problem in Australia because of its lengthy latency period. Mesothelioma signs can take years to show up. However, if the symptoms are caught early enough, they can be treated by surgery or chemotherapy.
Asbestos victims may be eligible for compensation. Compensation can be used to pay treatment costs. The compensation can also be used to aid the family members of a patient diagnosed with mesothelioma. Compensation is contingent upon the type of mesothelioma, the location it was discovered and how long the victim was exposed to asbestos for.
Certain hospitals in Australia are specifically geared towards treating mesothelioma. They include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are being developed every day. Patients suffering from mesothelioma should talk to their doctors about participating in an clinical trial.
There are two main ways that people can claim mesothelioma compensation in Australia. They can make a statutory claim using WorkCover, or they can submit a court case. The courts generally award more compensation than the claims made by the statutory authorities.
Davey & Co's mesothelioma attorneys can help those with mesothelioma to receive compensation. They have expertise in asbestos compensation claims both for secondary and primary exposure. They can assist those with compensation claims and assist in locating medical specialists. claiming compensation for mesothelioma can also connect patients with mesothelioma support groups.
Mesothelioma is most often related to asbestos exposure in homes and workplaces. Miners, construction workers, and others who worked in asbestos mines or factories are at risk. Asbestos can also be ingested from second-hand clothes or products. Those who are at risk of mesothelioma should consider submitting their details to the Australian Mesothelioma Registry. This will enable researchers to design policies that prevent asbestos exposure.