Guide To Mesothelioma Compensation Australia In 2023 Guide To Mesothelioma Compensation Australia In 2023 Mesothelioma Compensation Australia

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

There are many states that have compensation plans for victims. A mesothelioma lawyer can help you navigate a lawful claim. You could be able to make a common-law claim which could result in a higher compensation.

The Bernie Banton Law

The late Bernie Banton was the public face of victims of asbestos and the man who led the legal fight against James Hardie. His swagger, a dislike of authority and determination to fight for social justice made him a fervent Australian crusader. He died of peritoneal msothelioma in 2007.

On 5 December 2007, the State funeral was held in NSW for him. At the time of his death he was suffering from the terminal mesothelioma. He had been engaged in a lengthy battle with James Hardie to get the drug Alimta included on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His determination, articulacy and passion made him a household persona and he was hailed as an advocate for asbestos patients.

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 as were many other workers at the time. His brother Ted passed away from mesothelioma and one of his children suffers from a severe form of the disease.

The new law was named after him, removed a restriction which made it impossible for people who suffered other forms asbestos exposure from seeking compensation. Prior to this, victims could only receive compensation if exposed to asbestos while at work.

Since the enactment of the Bernie Banton Law a number of laws have been changed to increase the rights of asbestos victims and their families. In Victoria asbestos exposure can result from non-work activities, such as exposure to secondhand asbestos or environmental contamination.

The new laws also extend the rights of asbestos victims to pursue damages for lost income, pain and suffering, and impairment to quality of life. Compensation is also provided for a range of expenses like travel expenses to hospital or medical treatment, as well as rehabilitation equipment. In some instances an amount lump-sum can even be used to pay for funeral expenses.

The Wrongs Act

Compensation is available to people diagnosed with mesothelioma, asbestos-related diseases. The amount of compensation depends on the severity of the injuries and losses. Damages are generally divided into two categories: non-economic and economic damages. Economic damages are those which can be quantified in concrete terms such as medical expenses, treatment costs and lost income. Non-economic damages are those that are not tangible, such as pain, suffering, and loss of enjoyment of living.

Many states and territories have specific compensation schemes for government that apply to mesothelioma claims. However, those who suffer from an asbestos-related condition can pursue a common law claim. To ensure that the claim is properly handled, it's best to contact an attorney with experience.


A mesothelioma lawyer with experience can provide you with all your options, including legal compensation schemes, or pursuing claims under common law. They can also help you gather the evidence needed 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 chemical, silica, and asbestos through the National Asbestos, Silica, Chemicals and Fumes Register. In doing so, you can establish proof of your exposure, and possibly reduce the time it takes to settle your claim.

If you or someone you know has been exposed to asbestos, it's important to consult an experienced mesothelioma compensation lawyer immediately if you can. It is crucial to understand that mesothelioma may be a complex illness, and it may take years before victims get the compensation they deserve.

Currently, those 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 assessment of their 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 get the right amount of compensation for the loss of income, their suffering and pain, as well as the impact on their families.

The James Hardie Medical Research and Compensation Foundation

Mesothelioma is a cancer that can be fatal of the linings around organs such as the lungs (pleura) and the abdomen (peritoneum). Exposure to asbestos is the main cause. In Australia the majority of cases of mesothelioma are pleural in nature and affect the lung. Mesothelioma can also affect the chest wall and peritoneum. In both cases the lining gets thicker to the thickness of cigarette paper and forms a hard tumour similar to an hand. The symptoms of mesothelioma rarely appear until many years after the initial exposure to asbestos.

In 2001, James Hardie Industries Ltd set the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. Executives assured the public the fund would cover all legitimate asbestos-related claims. The company later moved its headquarters and incorporation process to the Netherlands in the belief that this was done for tax reasons.

The fund was discovered to be in a state of extreme underfunding despite the money. By the end of 2003, it was obvious that the fund did not have enough money to pay all the compensation due to asbestos-related victims.

This triggered a massive campaign by trade unions and former James Hardie employees to help the company pay for the anticipated compensation gap. 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 was diagnosed with various asbestos-related diseases.

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 with payments from James Hardie's special purpose trust.

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 agreed to contribute 35 percent of the cash flow.

The fund has dispensed more than $2 billion to asbestos victims. A portion of the funds was used to fund mesothelioma research, including clinical trials for the development of new treatments. If you've suffered from asbestos-related diseases like mesothelioma it is worth seeking legal advice on the best way 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. Typically, it is caused by long-term exposure to asbestos fibres that inflame the mesothelium. There are a variety of types of mesothelioma. The most prevalent kind is the pleural. It affects the lining of the chest cavity and lungs. Other types are pericardial or peritoneal.

While asbestos is not used anymore in Australia, mesothelioma continues to occur because of the long latency time. It can take a long time for patients to experience symptoms of mesothelioma. 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 expenses for treatment. It can be used to assist the family members of a patient diagnosed with mesothelioma. Compensation depends on what kind of mesothelioma victim has, the location where the diagnosis was made, and how long 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 every day. Patients suffering from mesothelioma may consult their physicians about clinical trials.

In Australia there are two options to seek compensation for mesothelioma . They can either submit an official claim for compensation through WorkCover or make a court complaint. The courts generally award higher compensation than the claims made by the statutory authorities.

Davey & Co's mesothelioma attorneys can assist those suffering from mesothelioma to receive compensation. They have experience in asbestos compensation claims for both primary and secondary exposure. They can help people with compensation claims and assist them with finding medical specialists. They can also assist in connecting people with mesothelioma support groups.

Mesothelioma is mostly caused by asbestos exposure in homes and workplaces. Miners, construction workers, and others who worked in asbestos factories or mines are at risk. Asbestos can also be ingested by reusing clothing or other products. Those at risk of mesothelioma might want to think about making a submission to the Australian Mesothelioma Register. This will enable researchers to create policies that will stop asbestos exposure.