5 Mesothelioma Compensation Australia Lessons From The Pros Mesothelioma Compensation Australia

Mesothelioma, also known as malignant peritoneal or pleural tumours, is a malignant tumor of the pleura. Exposure to asbestos is the primary cause.

Many states offer compensation for victims. A mesothelioma attorney can assist you in navigating the legal claim. You may also be able to make a common law claim, which can result in greater compensation.

The Bernie Banton Law

The late Bernie Banton was the public face of victims of asbestos and the man who fought the legal fight against James Hardie. A passionate Australian activist 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 died in 2007 of mesothelioma of the peritoneal region.

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

He was born in Parramatta and worked in the James Hardie Camellia factory in western Sydney during 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 older brother Ted passed away from mesothelioma. One of his children suffers from a severe form of the disease.

The new law, named in his honor, removed a restriction which prevented people who suffered from other forms of asbestos exposure from seeking compensation. Prior to mesothelioma compensation claims , victims were only eligible to claim compensation if they had been exposed to asbestos while at work.


Since the introduction of the Bernie Banton Law, a number of other laws have been modified to expand 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 by non-work-related activities, such as exposure through secondhand sources and environmental contamination.

The new laws extend asbestos victims' rights to seek damages for loss of income and suffering, and impairment to the quality of life. Compensation is also available for a variety of expenses, such as transportation to hospitals or medical facility, as well as equipment for rehabilitation. In some cases the lump sum could be used to pay for funeral expenses.

The Wrongs Act

People diagnosed with mesothelioma and other asbestos-related illnesses are entitled to compensation. The amount of compensation depends on the severity of the injuries and losses. Damages can be divided into two categories of damages: non-economic and economic. Economic damages are those which can be quantified in concrete terms such as medical expenses, treatment costs and lost income. Non-economic losses are intangible damages, such as suffering, pain and the loss of enjoyment living.

Many states and territories have government compensation schemes that apply to mesothelioma claims. Patients suffering from asbestos-related ailments can bring a lawsuit under the common law. To ensure that the claim is properly handled, it's best to contact an experienced lawyer.

A seasoned mesothelioma compensation lawyer can advise you of all of your options including the statutory compensation schemes as well as pursuing a common law claim. They can also aid you in gathering the evidence necessary to prove your claim. Included in this are workmate declarations as well as medical reports and other documents that may strengthen your claim.

You can record your exposure, however recent or old chemical silica, asbestos, or chemicals 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 important to consult mesothelioma compensation lawyers as soon as you can if you or someone you love has been exposed to asbestos. It is essential to be aware that mesothelioma may be an extremely complex disease and it can take years for victims to get the compensation they deserve.

Today, those who have been diagnosed with mesothelioma or other asbestos-related illnesses are subject to the Wrongs Act which requires them to go through a significant assessment of their injuries. This is intended 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 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 such as the abdomen and lungs (peritoneum) is caused by exposure to asbestos. 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 more dense than cigarette paper and can form a hard tumour about the size of an oblique. Symptoms of mesothelioma don't usually appear until many years after the initial 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. The executives assured the public the foundation would pay for all legitimate asbestos-related compensation claims. The company later moved their head office and incorporation legal from the Netherlands to the Netherlands, claiming the move was for tax reasons.

The fund was discovered to be severely underfunded despite the money. In late 2003, it became evident that the fund would not have enough funds to pay out all the compensation due to asbestos victims.

This led to a massive campaign by trade unions and former James Hardie employees to help the company pay for the anticipated compensation shortfall. 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, the NSW Government and James Hardie signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a legal contract that would pay for asbestos-related ailments by transferring funds from James Hardie's special purpose trust.

The Australian Taxation Office gave the Foundation private binding rulings that they believed would produce an a tax-friendly outcome for this fund. James Hardie agreed to contribute 35 percent of the cash flow.

The fund has given more than $2 billion to asbestos-related victims. A portion of the funds was used to support mesothelioma cancer research, including clinical trials for the development of new treatments. People who have been affected by mesothelioma or any other asbestos-related illnesses should consider seeking legal advice on how to seek compensation.

Clinical Trials

Mesothelioma is a cancer that affects the mesothelium, which is a thin layer of tissue surrounding many organs in the body. It is typically caused by exposure to asbestos fibres for long periods of time that inflames the mesothelium. There are different types of mesothelioma. The most prevalent is pleural which affects the lung lining as well as the chest cavity. Other types include pericardial and peritoneal.

While asbestos is not used anymore in Australia, mesothelioma continues to develop due to the long time of latency. It can take decades before people begin to show symptoms of mesothelioma. If the symptoms are detected early enough, they may be treated by chemotherapy or surgery.

Asbestos victims may be eligible for compensation. This compensation could help pay for the costs of treatment. It may also provide funds for the family members of the person who has mesothelioma. Compensation is contingent upon the mesothelioma type, the place it was diagnosed and how long the victim was exposed to asbestos for.

Certain hospitals in Australia specialize in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the best. New mesothelioma treatment options are being developed all the time. People who are suffering from mesothelioma should speak with their doctor about taking part in clinical trials.

In Australia there are two primary methods for people to seek compensation for mesothelioma. They can file a statutory claim through WorkCover or file a court-mandated claim. The courts generally award more compensation than the legal claims.

The mesothelioma lawyers of Davey & Co can help patients with mesothelioma receive compensation. They have experience in asbestos compensation claims for both primary and secondary exposure. They can assist those with compensation claims, and help them locate medical specialists. They can also assist in connecting people to mesothelioma support groups.

Mesothelioma is primarily caused by 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. They can also be exposed to asbestos through second-hand items like clothing that is contaminated. Anyone at risk of developing mesothelioma might want to think about submitting information to the Australian Mesothelioma Register. This will allow researchers to develop policies to prevent asbestos exposure.