Mesothelioma Compensation Australia
Mesothelioma is a malignant cancer of the pleura (lung liner) or peritoneum. It is almost exclusively caused by exposure to asbestos.
Many states have compensation programs for victims. A mesothelioma lawyer can assist you with a statutory claim. You might also be able to file a common law lawsuit, which can result in greater compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004 was the face of asbestos victims and was the person who led the legal fight against James Hardie. A passionate Australian activist for social justice, his larrikin attitude and disdain for authority was a key part of the campaign to bring the company to account for its asbestos scandal. He passed away in 2007 from mesothelioma of the peritoneal region.
On 5 December 2007, a State funeral was held in NSW for his funeral in NSW. He was suffering from mesothelioma in its final stages at the time. He had been fighting for years with James Hardie in order to obtain Alimta to be included in the Pharmaceutical Benefits Scheme. His determination, articulacy and passion made him a household figure and he was lauded as a champion for asbestos sufferers.
He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney in the latter half of the 1960s until the early 1970s. He was diagnosed with asbestosis and mesothelioma, like many other workers at the time. His brother Ted died from mesothelioma, and one of his children suffers from a severe form of the disease.
The new law was named in honor of him and removed a limitation that meant those who suffered from other types of asbestos exposure were unable to sue for compensation. Prior to this the victims could only seek compensation if they had been exposed to asbestos working.
Since the introduction of the Bernie Banton Law a number of laws have been amended in order to expand the rights of asbestos victims and their family members. In Victoria asbestos exposure can be a result of non-work activities, such as secondhand exposure or environmental contamination.
The new laws extend asbestos victims' rights to sue for damages resulting from loss of income or pain, suffering and impairment in the quality of life. Compensation is also available for a variety of costs, including travel to the hospital, medical treatment and rehabilitation equipment. In certain cases, the lump sum can 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 awarded is contingent upon the severity of the losses and injuries sustained. Damages can be divided into two categories: economic and noneconomic damages. Economic damages are ones that can be measured in concrete terms, such as medical costs or treatment expenses, as well as lost income. Non-economic damages are intangible losses, such as suffering, pain and loss of enjoyment of living.
Many states and territories have government compensation schemes for mesothelioma cases. Anyone suffering from asbestos-related ailments can bring a lawsuit under the common law. To ensure that the claim is properly handled it is best to talk to an experienced lawyer.
A mesothelioma attorney with expertise will be able to provide you with all your options, including legal compensation schemes, or pursuing claims under common law. They can also assist you in gathering the evidence to support your claim. Included in this are workmate declarations as well as medical reports and other documents that could support your claim.
mesothelioma compensation claims is crucial to remember that you can identify 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. You can prove your exposure to asbestos, silica, and chemicals by recording your exposure on the free National Asbestos, Silica, Chemicals and Fumes Register.
If you or someone you know has been exposed to asbestos, it's crucial to seek advice from a mesothelioma compensation attorney immediately if you can. It's important to understand that mesothelioma is a complex disease and it can take many years before victims receive the compensation they deserve.
Currently, those diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act which requires them to undergo an extensive injury assessment process. 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 the proper compensation for the loss of income, pain and suffering, as well as the impact on their families.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma A deadly tumor of the linings surrounding organs like the lungs and abdomen (peritoneum) is caused by asbestos exposure. Exposure to asbestos is the reason. The majority of mesothelioma cases in Australia are in the pleural region and affect the lungs. However, mesothelioma can affect the peritoneum as well as the chest wall. In both cases the lining gets thicker than cigarette paper to form a hard tumour about the size of an oblique. The signs of mesothelioma generally are not evident 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. Executives assured the public that the fund would be able to pay all genuine asbestos-related compensation claims. The company then moved their headquarters and legal incorporation from the Netherlands to the Netherlands and claimed the move was for tax reasons.
The fund was discovered to be grossly underfunded despite the money. In late 2003, it became evident that the fund would not have enough funds to pay out all compensation owed to asbestos victims.
This led to a massive campaign by trade unions and former James Hardie workers to make the company meet the expected compensation shortfall. Bernie Banton was a former James Hardie Industries construction worker who worked there for over 30 years. He was diagnosed with asbestos-related illnesses.
In November 2006 in November 2006, the NSW Government and James Hardie signed an agreement to establish the Asbestos Injuries Compensation Fund. The agreement included a legal document that would pay for asbestos-related ailments by transferring funds from James Hardie's special purpose trust.
The Australian Taxation Office provided the Foundation with private binding rulings that 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 dispensed more than $2 billion to asbestos-related victims. A portion of the funds was used to fund mesothelioma cancer research, including clinical trials for the development of new treatments. Those who have suffered from mesothelioma or other asbestos-related diseases should think about seeking legal guidance on how to claim compensation.
Clinical Trials
Mesothelioma is a cancerous disease that is a thin layer that surrounds 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 a variety of types of mesothelioma. The most prevalent is pleural, which affects the lining of the lungs and chest cavity. Other types include pericardial or the peritoneal.
Although asbestos is no longer used in Australia mesothelioma is still able to develop because of the long time of latency. Mesothelioma signs can take years to appear. If symptoms are identified at an early stage, they can be treated by chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation may be used to cover treatment costs. The compensation can also be used to aid the family members of a patient diagnosed with mesothelioma. Compensation depends on the type of mesothelioma, the location it was discovered and how long the victim was exposed to asbestos for.
Some hospitals in Australia specialise in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatments are being developed all the time. Patients with mesothelioma can inquire from their doctors about clinical trials.
In Australia there are two primary methods for people to claim mesothelioma compensation. They can file a statutory claim through WorkCover or submit a court case. In general, courts award more compensation than legal claims.
The mesothelioma lawyers of Davey & Co can help those suffering from mesothelioma get compensation. They have experience in asbestos compensation claims, both for primary and secondary exposure. They can assist those with compensation claims, and assist them in finding medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma is mostly related to asbestos exposure in homes and workplaces. Those who are at risk of exposure are miners, construction workers and other people who worked in asbestos mines or factories. It is also possible to get asbestos from second-hand clothing or products. Those at risk of mesothelioma might want to consider providing information to the Australian Mesothelioma Register. This will help researchers create policies that will stop asbestos exposure.