Why Mesothelioma Compensation Australia Isn't As Easy As You Imagine Mesothelioma Compensation Australia

Mesothelioma is also known as malignant pleural or peritoneal tumours is a malignant tumour of the pleura. Exposure to asbestos is the main cause.

Many states offer compensation to victims. A mesothelioma lawyer can assist you in navigating the statutory claim. You could also be eligible to file a common law lawsuit which could result in greater 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 advocate for social justice, his larrikin attitude and disdain for authority was the main component of the campaign to bring the company to account for its asbestos scandal. He passed away from peritoneal msothelioma in 2007.

A State funeral was held in NSW on the 5th of December. He was dying of mesothelioma in its final stages at the time. He had been fighting for many years with James Hardie in order to be able to get Alimta included in the Pharmaceutical Benefits Scheme. His passion, articulacy, and determination made him a national figure and an advocate for asbestos patients.

He was born in Parramatta, and worked in the James Hardie Camellia factory in western Sydney during the period from the late 1960s through to the early 1970s. He was diagnosed with asbestosis and mesothelioma as were many other workers at the time. His older 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 people who had suffered from other types of asbestos exposure were unable to pursue compensation. Prior to this victims could only claim compensation if they had been exposed to asbestos while at work.

Since the enactment of the Bernie Banton Law a number of laws have been amended in order to expand the rights for asbestos victims and their family members. In Victoria the victims can now claim mesothelioma compensation in the event that they were exposed to asbestos through non-work related activities, including exposure to asbestos through secondhand exposure or environmental contamination.

The new laws also extend the rights of asbestos-related victims to sue for damages for lost income as well as pain and suffering and impairment to their the quality of life. Compensation is also provided for a range of costs like travel expenses to hospital, medical treatment and rehabilitation equipment. In certain cases the lump sum may even be used to pay for funeral expenses.


The Wrongs Act

Compensation is available to those diagnosed with mesothelioma or other asbestos-related illnesses. The amount of compensation granted is contingent on the severity of the damage and loss sustained. Damages can be classified into two types that are economic and noneconomic. Economic damages are those which 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 the loss of enjoyment living.

Many states and territories provide government compensation schemes for mesothelioma cases. However, those who suffer from an asbestos-related condition can 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 correctly.

A mesothelioma lawyer with experience will be able provide you with all your options, including statutory compensation schemes or pursuing an action under common law. They can also aid you in gathering the evidence necessary to support your claim. Included in this are workmate statements, medical reports and any other documents that could support your claim.

You can report your exposure, however old or new, to chemicals, silica, and asbestos through the National Asbestos, Silica, Chemicals and Fumes Register. You can prove your exposure to asbestos, silica, and chemicals by recording your exposure on the free National Asbestos, Silica, Chemicals and Fumes Register.

It is essential to speak with mesothelioma compensation lawyers as quickly as you can when you or someone you care about has been exposed asbestos. It is crucial to understand that mesothelioma is a complex illness and it can take years before victims receive the compensation they are due.

People who are diagnosed with mesothelioma and other asbestos-related diseases are currently subject to the Wrongs Act, which requires to go through an assessment of injuries. This is to ensure that those who have been injured as a result of the negligence of other people are compensated appropriately. This means that claimants get the right amount of compensation for their loss of income, their suffering and pain, and the impact on their family.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a cancer that can be fatal of the linings that surround organs such as the lungs (pleura) and abdomen (peritoneum). Exposure to asbestos is the main cause. 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 thickens to the same thickness as cigarette paper and forms a hard, granular tumor that is that is the size of a hand. The signs of mesothelioma usually don't appear until many years after the initial exposure to asbestos.

James Hardie Industries Ltd. is a company that manufactures James Hardie siding, created the Medical Research and Compensation Foundation in 2001 with $293 millions to ensure 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, claiming it was for tax reasons.

However, despite the cash it was later discovered that the fund was grossly underfunded. By the end of 2003, it was obvious that the fund did not have enough money to pay the full 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 that was expected. Bernie Banton was a former James Hardie Industries construction worker who worked there for more than 30 years. He contracted asbestos-related ailments.

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 unique legal agreement to pay compensation to victims of asbestos-related illnesses through a special purpose trust funded by James Hardie.

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

The fund has already given out more than $2 billion to asbestos victims. Some of this money has been earmarked for mesothelioma research, which includes clinical trials to discover new treatments for the disease. Anyone who has suffered from mesothelioma and other asbestos-related diseases should consider seeking legal advice on how to claim compensation.

Clinical Trials

Mesothelioma, a cancerous condition that is a thin layer that surrounds many organs of the body, is caused by asbestos fibres. It is usually caused by asbestos fibre exposure for a long time that inflames the mesothelium. There are a variety of mesothelioma types. The most prevalent kind is pleural. It affects the lining in the chest cavity and lungs. Other types include pericardial and peritoneal.

Despite the fact that asbestos is no longer used mesothelioma continues to be a problem in Australia because of its lengthy latency. It can take a long time before people begin to show symptoms of mesothelioma. However, if the signs are detected early enough, they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. This compensation can help cover the costs of treatment. The compensation can be used to assist the family members of someone diagnosed with mesothelioma. Compensation depends on what kind of mesothelioma victim has, where the diagnosis was made, and the length of time they were exposed to asbestos for.

Some hospitals in Australia are specialized in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatment options are being developed every day. Patients suffering from mesothelioma must talk to their doctors about participating in a clinical trial.

In Australia there are two primary methods for people to claim compensation for mesothelioma. They can file a statutory claim through WorkCover or submit a court case. In general, courts award more compensation than legal claims.

Davey & Company's mesothelioma attorneys can assist those suffering from mesothelioma get compensation. They have experience in asbestos compensation claims for primary and secondary exposure. They can assist those 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 commonly found in workplaces and homes where asbestos is present. Construction workers, miners and others who worked in asbestos mines or factories are at risk. You can also get asbestos from second-hand clothes or products. Those at risk of mesothelioma might want to consider submitting information to the Australian Mesothelioma Register. This will help researchers create policies that will stop asbestos exposure.