Five Mesothelioma Compensation Australia Projects To Use For Any Budget Mesothelioma Compensation Australia

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

Many states offer compensation to victims. A mesothelioma lawyer can assist you with a lawful claim. You might also be eligible 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. His swagger, disdain for authority and enthusiasm for social justice made him a fervent Australian crusader. He died of peritoneal msothelioma in 2007.

A funeral for the State was held for him in NSW on 5 December 2007. At the time of his passing, he was suffering from terminal mesothelioma. He was involved in a long-running battle with James Hardie to get the drug Alimta listed on the Pharmaceutical Benefits Scheme (PBS) for mesothelioma patients. His determination, articulacy and passion made him a renowned national celebrity and he was recognized as a champion for asbestos patients.

He was born in Parramatta and worked at the James Hardie Camellia factory in western Sydney in the late 1960s to early 1970s. Like many other workers of the time, the worker inhaled asbestos dust as a part of his job and it was discovered that he had asbestosis and later with mesothelioma. His brother Ted also died of mesothelioma, and one of his children suffers from a debilitating 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 this the victims could only seek compensation if they were 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 families. In Victoria asbestos exposure could be the result of non-work related activities, like secondhand exposure or environmental contamination.

The new laws extend asbestos victims' rights to seek damages for loss of income, pain, suffering, and impairment to their the quality of life. Compensation is also available for a range of expenses, such as travel to the hospital, medical treatment and rehabilitation equipment. In some instances, a lump sum can even be used to pay for funeral expenses.

The Wrongs Act

Those diagnosed with mesothelioma or other asbestos-related diseases are entitled compensation. The amount of compensation offered depends on the extent of the losses and injuries sustained. Damages can be divided into two categories: economic and noneconomic damages. Economic damages are those which can be quantified in terms of concrete numbers like medical expenses, treatment costs and lost income. Non-economic damages, on the contrary, are intangible losses, such as suffering as well as the loss of enjoyment of life.

Many states and territories have mesothelioma-related compensation schemes through the government. cases. However, those who suffer from an asbestos-related illness can also pursue a common law claim. To ensure that the claim is properly handled, it's best to contact an experienced lawyer.


An experienced mesothelioma compensation lawyer will be able to inform you on all your options which include the statutory compensation schemes as well as pursuing a common law claim. They can also aid you in gathering the evidence necessary to support your claim. This includes statements from your coworkers medical reports, workmate statements, and any other relevant documents that could help to strengthen your case.

It is crucial to remember that you can declare your exposure to asbestos, silica and chemical substances through the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or how recently ago the exposure took place. By doing so you can prove the existence of your exposure and potentially reduce the time needed to settle your claim.

If you or someone you know has been exposed to asbestos, it's crucial to seek advice from a mesothelioma compensation attorney as soon as possible. It is important to recognize that mesothelioma can be a complex disease that can take years for patients to receive the compensation they deserve.

Today, those who have been diagnosed with mesothelioma and other asbestos-related illnesses 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 receive adequate 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 is a deadly tumour of the linings surrounding organs such as the lungs (pleura) and abdomen (peritoneum). It is caused by exposure to asbestos. In Australia the majority of mesothelioma cases are pleural in nature and affect the lungs. Mesothelioma may also affect the chest wall and peritoneum. In both cases the lining gets thicker to the thickness of cigarettes and forms an extremely hard tumor the size of the palm of a hand. The signs of mesothelioma generally don't appear for many years after exposure to asbestos.

In 2001 James Hardie Industries Ltd set up the Medical Research and Compensation Foundation with a sum of $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 its headquarters and its legal incorporation to the Netherlands and claimed that it was for tax reasons.

However, despite the cash, it was later found that the fund was severely underfunded. In the latter half of 2003, it was clear that the fund wouldn't have enough funds to pay out all compensation due to asbestos victims.

This led to a massive campaign by trade unions and former James Hardie employees to ensure that the company pay for the anticipated compensation gap. One of the most prominent figures 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, James Hardie and the NSW Government signed an agreement establishing the Asbestos Injuries Compensation Fund. This included a legal contract that would compensate asbestos-related illnesses with payments from James Hardie's special trust.

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

The fund has dispensed more than $2 billion to asbestos victims. A portion of the funds was used to fund mesothelioma cancer research, which includes clinical trials to test new treatments. If you've suffered from asbestos-related diseases such as mesothelioma, you should consider seeking legal advice about how to claim compensation.

Clinical Trials

Mesothelioma is a type of cancer that affects the mesothelium which is a thin layer of tissues that surrounds many organs of the body. It is usually caused by exposure to asbestos fibres that cause inflammation in the mesothelium. There are a variety of types of mesothelioma. The most common kind is pleural. It affects the lining in the chest cavity and lungs. Other types are pericardial or the peritoneal.

Although asbestos is no longer used in Australia mesothelioma still continues to develop due to the long latency time. It can take decades for patients to experience symptoms of mesothelioma. If the symptoms are discovered at an early stage, they can be treated with chemotherapy or surgery.

Asbestos victims may be eligible for compensation. Compensation can be used to pay the costs of treatment. It may also provide funds for the family members of the person suffering from mesothelioma. Compensation depends on the type of mesothelioma, where it was discovered and how long the victim was exposed to asbestos.

Certain hospitals in Australia specialize in treating mesothelioma. The Bernie Banton Centre and Concord Hospital are among the top. New mesothelioma treatment options are being created every day. Patients with mesothelioma can ask their doctors about clinical trials.

In Australia, there are two options to claim compensation for mesothelioma. You can either make an official claim for compensation through WorkCover or make a court complaint. The courts typically award more compensation than the legal claims.

The mesothelioma attorneys at Davey & Co can help people with mesothelioma to receive compensation. They have experience with asbestos compensation claims, both for primary and secondary exposure. mesothelioma lawsuit compensation can assist people with compensation claims, and help them locate medical specialists. They can also connect people with mesothelioma support groups.

Mesothelioma is primarily related to asbestos exposure in homes and workplaces. Those who are at risk of exposure include miners, construction workers, and others who worked in asbestos-contaminated factories or mines. It is also possible to get asbestos by reusing clothing or other products. People who are at risk of mesothelioma should consider submitting their details to the Australian Mesothelioma Registry. This will aid researchers in establishing guidelines to avoid asbestos exposure in the future.