How To Tell If You're Prepared For Mesothelioma Compensation Australia Mesothelioma Compensation Australia

Mesothelioma is a malignant tumour of the pleura (lung liner) or peritoneum. Exposure to asbestos is the main reason.

Many states offer compensation to victims. A mesothelioma attorney can assist you in navigating the legal claim. You might be able to 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 asbestos victims and the man who fought the legal battle against James Hardie. asbestos mesothelioma compensation for social justice, his larrikin attitude and disdain of authority were a major part of the campaign to make James Hardie accountable for its asbestos scandal. He passed away in 2007 from mesothelioma of the peritoneal region.

A funeral for the State was held for him in NSW on the 5th of December. At the time of his passing, he was suffering from terminal mesothelioma and he had been engaged in a lengthy battle with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma sufferers. His passion, articulacy and determination led him to become a national hero and a champion for asbestos patients.

He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the latter half of the 1960s and early 1970s. He was diagnosed with asbestosis and mesothelioma, like many other workers of the time. His brother Ted passed away from mesothelioma and one of his kids has a debilitating version of the disease.


The new law was named in honor of him and removed a limitation that meant those who suffered from other forms of asbestos exposure were unable to sue for compensation. Prior to this, victims were only eligible to receive compensation if they'd 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 there is a possibility to claim mesothelioma-related compensation if they were exposed to asbestos in non-work-related activities, such as exposure through secondhand sources and environmental contamination.

The new laws extend asbestos victims' rights to sue for damages resulting from loss of income and suffering, and impairment to their the quality of life. Compensation is also available for a variety of expenses, including travel to the hospital or medical facility, as well as equipment for rehabilitation. In some cases an amount lump-sum can even cover funeral expenses.

The Wrongs Act

People diagnosed with mesothelioma and other asbestos-related diseases are entitled compensation. The amount of compensation is contingent on the severity of the injuries and the loss. Damages are usually classified into two categories: non-economic and economic damages. Economic damages are ones that can be measured for in terms of concrete evidence for example, medical costs, treatment expenses and lost income. Non-economic damages, on other hand, are intangible losses, such as suffering, as well as loss of enjoyment.

Many states and territories have compensation programs that are affixed by the government to mesothelioma claims. Patients suffering from asbestos-related illnesses can also file a common law lawsuit. In order to pursue a common law claim, it's important to contact an experienced lawyer to ensure the claim is handled properly.

An experienced mesothelioma compensation lawyer will be able to inform you on all your options including legal compensation schemes, as well as an ordinary law claim. They can also assist you to gather the evidence needed to support your claim. This includes workmate statements medical reports, statements from doctors and any other pertinent documents that could help to strengthen your case.

You can report your exposure, however old or new, to chemicals silica, asbestos, and chemicals through the National Asbestos, Silica, Chemicals and Fumes Register. In doing so, you can establish proof of your exposure and reduce the time it takes to settle your claim.

It is important to consult mesothelioma compensation lawyers as quickly as you can when you or someone you love has been exposed asbestos. It's important to understand that mesothelioma is a complicated disease and it can take many years before victims be compensated for the damages they deserve.

Those diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act, which requires that they undergo an assessment of injuries. This is designed to ensure that people who are injured due to the negligence of others are properly compensated for their injuries. This includes ensuring that claimants receive adequate compensation for their 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 tumour of the linings around organs like the abdomen and lungs (peritoneum), is caused by asbestos exposure. It is caused by exposure to asbestos. In Australia, most cases of mesothelioma are pleural and affect the lungs. Mesothelioma may also affect the chest wall as well as the peritoneum. In both instances the lining of the chest wall thickens to the size of cigarettes and forms a hard tumour 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. A company that makes James Hardie siding, created the Medical Research and Compensation Foundation in 2001 with $293 million to cover future asbestos compensation claims. The company's executives assured the public that the fund would cover all legitimate asbestos-related claims. The company then moved their headquarters and incorporation legal from the Netherlands to the Netherlands, claiming that this was due to tax reasons.

However, despite the money however, it was later discovered that the fund was grossly underfunded. By late 2003 it was clear that the fund wouldn't have enough funds to pay all compensation due to asbestos victims.

This triggered a massive campaign by trade unions and former James Hardie workers to make the company make up the compensation gap. Bernie Banton was a former James Hardie Industries construction worker who worked there for over 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. This included a unique legal agreement to compensate victims of asbestos-related illness 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 they believed would provide 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 more than $2 billion to asbestos victims. Some of the funds have been directed to supporting mesothelioma research and clinical trials of new treatments for the disease. If you have suffered from asbestos-related illnesses like mesothelioma, it is worth seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma, a malignant condition that is a thin layer that surrounds many organs of the body is caused by asbestos fibres. It is usually caused by exposure to asbestos fibres for long periods of time that causes inflammation in the mesothelium. There are many types of mesothelioma. The most common type is pleural. It affects the lining of the lungs and chest cavity. Other types include pericardial or peritoneal.

Despite the fact that asbestos is no longer in use, mesothelioma still occurs in Australia because of its lengthy latency time. Mesothelioma symptoms can take years to manifest. However, if the symptoms are detected early enough, they can be treated by surgery or chemotherapy.

Asbestos victims may be eligible for compensation. This compensation may help to cover the costs of treatment. The compensation can also be used to aid the family members of a patient diagnosed with mesothelioma. The amount of compensation is contingent on the type of mesothelioma the victim has, the location where the diagnosis was made and the length of time they were exposed to asbestos for.

Some hospitals in Australia specialise in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatment options are being developed constantly. People who are suffering from mesothelioma must talk with their doctor about taking part in an clinical trial.

There are two main ways that people can claim mesothelioma compensation in Australia. You can either submit a statutory compensation claim through WorkCover or make an application to the court. The courts typically award more compensation than claims made by the statutory authorities.

The mesothelioma lawyers at Davey & Co can help people with mesothelioma to receive compensation. They have experience with asbestos compensation claims, both for secondary exposure and primary 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 most commonly found in workplaces and homes where asbestos is present. Construction workers, miners, and others who worked in asbestos factories or mines are at risk. Asbestos can also be ingested from second-hand clothing or products. Those at risk of mesothelioma may want to consider submitting information to the Australian Mesothelioma Register. This will aid researchers in establishing guidelines to avoid asbestos exposure in the future.